
Class Xi)- 
Book '/y43^ < g - 



/ ^>5^ 



GUIDE 

TO 

OFFICERS OF TOWNS; 

CONTAINING THE 

STATUTES RELATING TO THEIR OFFICIAL DUTIES, 

WITH 

FORMS, DIRECTIONS, AND LEGAL DECISIONS: 

ADAPTED TO THE 

REVISED STATUTES OE NEW-HAMPSHIRE. 



BY CHARLES JO^ FOX. 



A NEW EDITION, WITH SOME ADDITIONS, 

IJrCLUDINO ACTS SINCX PASSED. 

BY SAMUEL. D. BELL. 



FOURTH EDITION, 
WITH ADDITIONS, INCLUDING ACTS SINCE PASSED, 

BY SAMUEL N. BELL. 



CONCORD: 

PUBLISHED BY G. PARKER LYON. 

1859. 






Entered according to an act of Congress, in the year 1842, 

BT G. PARKER LYON, 

In the Clerk's office of the District Court of New-Hampshire. 



Entered according to an act of Congress, in the year 1854, January 3d, 

BY O. PARKER LYON, 

In the Clerk's office of the District Court of New-Hampshire. 






Entered according to an act of Congress, in the year 1859, January 3d, 

BY G. PARKER LYON, 

In the Clerk's office of the District Court of New-Hampshire. 



PRINTED AT 
m'fARLAND & JENKS' STEAM PRINTING WORKS, 

CONCORD, N, H. 



PREFACE. 



The changes which have taken place within the last 
elve years in the statute laws of the State have been 
ry great, but perhaps in no respect have these 
.anges been greater than in the laws concerning the 
jowers and duties of town officers. These powers 
and duties are extensive and complicated, perplexing 
to the man of business, and not always easily under- 
stood by the professed lawyer. The " Town Officer'^ of 
chief justice Eichardson was a convenient and useful 
manual, and has rendered essential service to the State, 
by means of forms contained in it, ensuring correct- 
ness and preventing litigation. But the changes of 
the laws have now rendered a large proportion of 
these forms incorrect, and a new manual has become 
necessary. 

The compiler has adopted the plan of dividing the 
book into titles, chapters and sections, and of placing 
an abstract of the contents of each chapter at its head. 
A great variety of forms have been prepared, sufficient, 
probably, for all practical purposes. To have provided 
a form adapted to every case, would have swelled the 
book to no good purpose. It was thought that refer- 



IV PREFACE. 

ences to those cases in which questions of law relating 
to the subjects contained in this book had been decided, 
might be useful^ and numerous extracts have been 
made accordingly, not only from the New-Hampshire 
Eeports, but from those of Massachusetts, Maine and 
Vermont, when applicable. 

The Eevised Statutes are referred to by chapters 
and sections, thus: R, S., ch. — , sec. — . The word 
Ibid, refers to the next reference preceding. If the 
reference is to a chapter or section, and no more, it 
means that chapter of this book, or that section of the 
same chapter. The New-Hampshire Eeports are re- 
ferred to by the volume and page ; as, for instance, 1 
iV. jET. J?., 88 — meaning volume 1, page 38. Mass. R., 
Pick. R.y and Metcalf J?., refer to the Massachusetts, 
Pickering's and Metcalf 's Eeports ; these are all deci- 
sions by courts in Massachusetts. Maine R., Greenleaf 
R., Fairfield R., and Shepley jB., refer to Maine, Green- 
leaf's, Fairfield's and Shepley's Eeports ; these are all 
decisions by courts in Maine. Vermont R., refers to the 
Vermont Eeports. 

The work is adapted to the Eevised Statutes, and 
contains all the more important provisions relating to 
the duties of town officers. It is not intended, how- 
ever, to supersede the necessity of the Eevised Statutes 
for town officers, for every such officer should own a 
copy of the laws under which he lives and acts. As 
they have not yet been published, or any decisions un- 
der them been made, the compiler may, in some in- 
stances, have given them a wrong construction, or some 



PREFACE. V 

of the refercDces may not now apply. He has en- 
deavored, however, to avoid this, and to err, if at all, 
on the safe side, by advising, in cases of doubt, the 
oflS.cer to take that course which seemed safest ; to re- 
quire him to do more than was necessary, rather than 
to do less. 

The object of the compiler has been merely to furnish 
a GUIDE to point out to the inexperienced officer his 
general pathway. He must not expect that it will ex- 
plain every difficulty and answer every question. Gen- 
eral rules only can be given, and their application must 
be left to the good sense of the offcer. If the work is 
accurate, clear and methodical, it will fully repay the 
care and labor of 

The Compiler. 
Nashville, March 13, 1843. 



1* 



ADVERTISEMENT TO THE SECOND EDITION. 



Of the eminent talents, tlie great learning, and un- 
tiring industry of Mr. Fox, it is unnecessary to speak. 
Few men of his age have been so generally known or 
so highly esteemed in our community. While confined 
to his house by his last illness, with that habitual dili- 
gence which even disease could not overcome, he had 
carefully examined the recent statutes and decisions of 
the courts connected with the subject of the Town 
Officer, and had sketched the plan of the additions to 
be made in a new edition. His lamented death left 
the work unfinished, but the editor has had little to do 
except to carry out his plan. 

Several statutes, passed when the work was nearly 
through the press, have beea necessarily placed in an 
appendix. 

S. D. B. 

August, 1847. 



ADVERTISEMENT TO THE FOURTH EDITION. 



In preparing a new edition of the " Town Officer/' 
it has not been deemed advisable to change the general 
form and arrangement of the work, but simply to add 
the provisions of the statutes passed since the publica- 
tion of the last edition, which relate to the rights and 
duties of Towns and Town Officers, with references to 
the decisions of the Superior Court, and such other ex- 
planations as seemed necessary ; and to omit only 
those portions which, by changes in the laws, have be- 
come obsolete. 

The abbreviations 0. /S., ch. — , sec. — , refer to the 
chapters and sections of the Compiled Statutes. 

Manchester, January, 1859. 



ANALYSIS OF CONTENTS. 



PRELIMINARY CHAPTER. 
OF THE CONSTEUCTION OP STATUTES. 1 



TITL.E I. 

OP TOWNS AND TOWN OPPICEES. 



Chapter 
Chapter 

Chapter 
Chapter 

Chapter 4 

Chapter 
Chapter 
Chapter 
Chapter 



Pagk. 

1. Of the powers and duties of towns. 3 
1,A. Of the establishment of public libra- 
ries. 10 

2. Of warning town-meetings. 12 

3. Of the government and powers of 
town-meetings. 21 

Of the choice and duties of town 

officers, and of filling vacancies. 24 

5. Of the oaths of town officers. 34 

6. Of town lines. 38 

7. Of proprietary records. 43 

8. Of actions by and against towns. 45 

TITI.E II. 



OP THE ELECTION OP STATE AND COUNTY 
OPPICEES. 

Chapter 9. Of the rights and qualifications of 

voters. 48 

Chapter 10. Of the manner of conducting elec- 
tions. 56 

Chapter 11. Of the election of governor, coun- 
cillors and senators. 64 



ANALYSIS OF CONTENTS. 



IX 



Chapter 12. 

Chapter 13. 

Chapter 14. 
Chapter 15. 

Chapter 16. 



Chapter 16,a. 



Of the election of representatives 
in congress. 

Of the election of electors of pres- 
ident and vice-president. 

Of the election of county officers. 

Of the election of representatives 
to the general court. 

General provisions concerning elec- 
tions. 

Form of records of town-meet- 
ing. 

Of contested elections. 



66 

69 
71 

73 

81 

83 

88 



TITLE III. 

OF THE ASSESSMENT AND COLLECTION OF 
TAXES. 



Chapter 17. Of persons and property liable to 
taxation. 

Chapter 18. Where and to whom persons and 
property shall be taxed. 

Chapter 19. Of the annual invoice of polls and 
taxable property. 

Chapter 20. Of the appraisal of taxable prop- 
erty. 

Chapter 21. Of the assessment of taxes. 

Form of invoice and note on the 
method of making taxes. 

Chapter 22. Of the abatement of taxes. 

Chapter 23. Of the collection of taxes of resi- 
dents. 

Chapter 24. Of the collection of taxes of non- 
residents. 

Chapter 25. Of the state and county tax, and 
the surplus revenue, and return 
of inventories. 

Chapter 26. General provisions concerning the 

assessment and collection of taxes. 142 

Chapter 27. Of extents. 148 



90 

95 

102 

108 
110 

116 
120 

121 

128 



139 



X ANALYSIS OF CONTENTS. 

TITI.E IV. 

OF HIGHWAYS AND BEIDGES. 

Chapter 28. Of the powers of selectmen in re- 
lation to laying out highways. 154 

Chapter 29. Proceedings of the court of com- 
mon pleas and road commission- 
ers. 169 

Chapter 29,b. Powers of road commissioners to ap- 
portion expense in certain cases. 172 

Chapter 80. Of the payment of damages and 

costs. 174 

Chapter 31. Of the discontinuance of highways. 176 

Chapter 32. Of repairing highways in towns. 178 

Chapter 38. Of making and repairing highway s 

not in any town. 188 

Chapter 34. Of the liability of towns for not 
making and repairing highways, 
and for damages. 190 

Chapter 85. Of injuries to, and incumbrances 
and encroachments on highwaj^s, 
and the rights of the public and 
land-owners therein. 196 

Chapter 36. Of bridges, railroads, guide-boards, 

and the law of the road, 203. 



OF SCHOOLS. 

Chapter 37. Of the creation, division and pow- 
ers of school districts. 209 
Chapter 38. Of the meetings and officers of 

school districts. 224 

Chapter 39. Of school houses. 239 

Chapter 40. Of school taxes and school monej^ 250 
Chapter 41. Of the regulation, instruction and 

inspection of schools. 255 

Chapter 41,b. Of high schools. 265 

Chapter 41,0. Of truant children and absentees 

from school. 275 



ANALYSIS OF CONTENTS. 



XI 



Chapter 42. Of schools in the town of Ports- 
mouth. 277 

Chapter 42,b. Of commissioners of common 

schools and teachers' institutes. 280 

TITLE VI. 

OF PAUPEES AND THE PEEVENTION OP 
PAUPEEISM. 

Chapter 43. Of the settlement of paupers. 284 

Chapter 44. Of the support and disposal of 

paupers. 298 

Chapter 45. Of paupers not chargeable to any 

town or person in the State. 315 

Chapter 46. Of the maintenance of bastards. 320 
Chapter 47. Of the guardianship of spendthrifts 

and insane person. 331 

Chapter 48. Of the duty of selectmen relative to 

apprentices and insane paupers. 338 

TITLE VII, 

OF THE PEESEEYATIOJSr OF PEACE, HEALTH 
AND GOOD OEDEE IN TOWNS. 



Chapter 49 
Chapter 49,b 
Chapter 49,c. 

Chapter 50. 
Chapter 51. 



Chapter 52. 



Chapter 
Chapter 
Chapter 
Chapter 



53. 
54. 
55. 
56. 



Of fires and firewards. 348 

Of engineers. 358 

Of village precincts and hook and 

ladder companies. 
Of police regulations. 
Of houses of correction and the 
punishment of idle and disorder- 
ly persons. 
Of police officers^ constahles and 

watchmen. 
Of spirituous liquors. 
Of Sunday and religious meetings. 381 
Of the safe-keeping of gun-powder. 384 
Of nuisances and contagious dis- 
eases. 387 



360 
363 



368 

372 

377 



Xll 



ANALYSIS OP CONTENTS. 



Chapter 57. Of shows and exhibitions. 393 

Chapter 58. General provisions relating to this 

title. 394 

TITL,E Till. 

EEGULATIOITS CONCEENING PEOPEETY. 

Chapter 59. Of mills and their repairs. 401 

Chapter 60. Of fences and fence-viewers. 408 

Chapter 61. Of common fields. 425 

Chapter 62. Of pounds and impounding animals. 427 

Chapter 63. Of floating timber. 440 

Chapter 64. Of strays and lost goods. 444 

TITLE IX. 

DUTIES OP TOWN OPPICEES IN SPECIAL 

CASES. 

Chapter 65. Of the drawing of jurors. 449 

Chapter 66. Of the militia. 456 

Chapter 67. Of surveyors, weighers and meas- 
urers. 461 
Chapter 67,b. Of transient tradesmen and ped- 
dlers. 466 
Chapter 68. Of wild animals, dogs and sheep. 467 
Chapter 69. Special duties of town-clerks. 471 
Chapter 70. Of liability for damages done by 

mobs. 479 



TOWN OFFICER- 



PHELIMINARY CHAPTER 



OF THE CONSTRUCTION OF STATUTES. 



1 . Construction of number. 

2. Construction of gender. 

3. Construction of town. 

4. Construction of inhabitant. 

5. Construction of annual meet- 

ing. 

6. Construction of month and 

year. 

7. Construction of person. 



8. Construction of land or real 
estate. 

9. Construction of written, or in 
writing. 

10. Authority of public officers to 
be exercised by a majority. 

11. Construction of selectmen. 

12. Construction of court, officer, 
&c. 

13. Computation of time. 

1. Every word^ importing either the singular or plu- 
ral number, may extend and be applied to one, or more 
than one person or thing. B. S, ch. 1, sec. 1 ; G. S. ch. 
ly sec. 1. 

2. Every word importing the masculine gender, may 
extend and be applied to females. B. S. ch. 1, sec. 2 ; 
a S. ch. 1, sec. 2. 

3. The word town may be construed to extend and 
be applied to any place incorporated, or the inhabit- 
ants of which are required to pay any tax, and may 
mean that town in which the subject matter is situate, 
or in which the persons referred to are resident. B. S. 
ch. 1, sec. 4 ; C. S. ch. 1, sec. 4. 

4. The word inhabitant may be construed to mean a 

2 



2 OF THE CONSTRUCTION OF STATUTES. 

resident^ or person dwelling and having his home. 
Ibid.j sec. 5. 

5. The words, annual meeting , when applied to towns, 
may be construed to mean the annual meeting required 
by law to be holden in the month of March. Ibid,, 
sec. 6. 

6. The words, month and year, shall be construed to 
mean a calendar month or year, unless otherwise ex- 
pressed ; and the word year shall be equivalent to the 
expression, " Year of our Lord.'^ Ibid., sec. 7. 

7. The word person may extend and be applied to 
bodies politic and corporate, as well as to individuals. 
Ibid.j sec. 8. 

8. The words land, lands, or real estate, shall be con- 
strued to include lands, tenements and hereditaments, 
and all rights thereto and interests therein. Ibid., 
sec. 17. 

9. The words written, or in writing, may include print- 
ing, excepting when the written signature of a person 
is required. Ibid., sec. 19. 

10. All words purporting to give a joint authority to 
three or more public oflS-cers, shall be construed as giv- 
ing such authority to a majority of them, unless other- 
wise expressly declared. Ibid., sec. 13. 

11. The word "selectmen" may be construed to 
mean the selectmen of the town to which the subject 
matter to be acted on belongs, or in which it is situate. 
Ibid., ch. 1, sec. 23. 

12. When any court, officer or board is named by 
their official title, such designation shall be construed 
to apply to the court, officer or board of the county, 
town or district within and for which they are qualified 
to act in such capacity. Ibid., sec. 24. 

13. When time is to be reckoned from any day, date, 
act done, or the time of any act done, either by force 
of law or by virtue of any contract hereafter made, 
Buch day, date, or the day when such act is done, shall 
not be included in such computation. Ibid., sec, 25. 



TITLE L 



OF TOWIfS AND TOWN OFFICEES. 



Chapter 1. Of the powers and duties of towns. 
Chapter 1,a. Of the establishment of public libraries. 
Chapter 2. Of warning town meetings. 
Chapter 3. Of the government and powers of town 

meetings. 
Chapter 4. Of the choice and duties of town officers, 

and of filling vacancies. 

5. Of the oaths of town officers. 

6. Of town lines. 

7. Of proprietary records. 

8. Of actions by and against towns. 



Chapter 
Chapter 
Chapter 
Chapter 



CHAPTER 1. 



OF THE POWERS AND DUTIES OF TOWNS. 



1. Towns are bodies corporate. 

2. Parishes declared to be towns. 

3. Towns may hold property and 

make contracts. 

4. Towns may raise taxes. 

5. Ministerial tax, when raised. 

6. Towns may make by-laws. 

7. By-laws respecting cattle. 
7ja. By-laws respecting fires and 

removing combustibles. 



8. By-laws valid till annulled. 

9. Subjects acted on to be stated. 

10. Unincorporated places. 

1 1 . Legislature may alter towns. 

12. Property, how divided. 

13. If no division, how vested. 

14. Conveyance by towns. 

15. No power to tax, unless given 

by statute. 

16. Power to release a debt. 



4 OF THE POWERS AND 



17. What act of legislature illegal. 

18. Article ia warrant, when suf- 

ficient. 

19. Notice of petition affecting 



23. Other powers of towns. 

24. Power to rescind contract. 

25. Entitled to statutes and re- 
ports. 



rights of town, to he given, j 2b, a. Power to sell town meeting- 

20. Vote of tax, when sufficient. | houses. 

21. Same subject. i 25,6. Proceeds of sale, how divid- 

22. " Necessary charges,'' what. \ ed. 
22,a. Town charges, what. 

1. The inhabitants of every town in this State are a 
body corporate and politic, and by their corporate name 
may sue and be sued, prosecute and defend, in any 
court, or elsewhere. H. 8. ch, 31, sec. 1 ; C. S. ch. 32, 
sec. 1. 

2. All places incorporated by the name of parishes, 
with town privileges, are declared to be towns, and en- 
titled to the privileges, vested with all the powers, and 
subject to all the liabilities of towns. H. S. ch. 31, sec. 
2; a S.ch. S2,sec. 2. 

3. Towns may purchase and hold real and personal 
estate for the public uses of the inhabitants, and may 
sell and convey the same ; and may make any con- 
tracts which may be necessary and convenient for the 
transaction of the public business of the town. E. S. 
ch. Bl.sec.Sj a S. ch. 32, sec. 3. 

4. Towns may, at any legal meeting, grant and vote 
such sums of money as they shall judge necessary, for 
the support of schools , for school-houses ; for the main- 
tenance of the poor; for laying out and repairing high- 
ways ; for building and repairing bridges ; for the re- 
pair of meeting-houses owned by the town, so far as to 
render them useful for town purposes ; and for all the 
necessary charges arising within the town. H. S. ch. 
31, sec. 4:', a S. ch. S2, sec. 4. 

5. Towns may vote such sums of money as may be 
necessary to fulfill any existing contract made between 
the town and any settled minister before the first day 
of July, 1819 : provided, no person shall be taxed for 
the purpose of fulfilling such contract, who shall have 
filed with the town-clerk, before the assessment of such 
tax, a certificate, declaring himself not to be of the re- 



DUTIES OF TOWNS. D 

ligioiis persuasion or opinion of such minister. B. S. 
ch. 31^ sec. 5 ; C. S. ch. 32, sec. 5. 

6. Every town may make rules and by-laws for man- 
aging and ordering the prudential affairs of such town, 
and may annex penalties thereto, not exceeding four 
dollars for one offence, and enuring to such uses as they 
may direct. B. S. ch. 31, sec. 6 ; 0. S. ch. 32, sec. 6. 

7. Any to^Yn may make by-laws to prevent horses, 
mules, asses, neat cattle, sheep and swine from going 
at large in any street, highway or common, or in any 
public place in the town, at any time of the year 
therein provided, on penalty that the owner shall for- 
feit a sum not exceeding four dollars for any breach 
thereof H. S. ch. 31, sec. 7 ; C. S. ch. 32, sec. 7. 

7, a. Each town may, at any town meeting legally 
called for that purpose, make and establish such rules 
and regulations respecting the kindling, guarding and 
safe keeping of fires, and for the removing all combus- 
tible materials from any building or place, as the safe- 
ty of the property in such town may require } and may 
appoint, in such manner as may be prescribed in such 
regulations, all such officers as may be necessary to 
carry such regulations into effect, and may affix penal- 
ties, not exceeding ten dollars for any one offence, to be 
recovered in such manner and appropriated to such 
uses as the town may direct. Zaws 1845, ch. 242; C. S, 
ch. 32, sec. 8. 

8. By-laws adopted by any town shall continue in 
force until altered or annulled by the vote of the town, 
or by law. R. S. ch. 31, sec. 8; C. S. ch. 32, sec. 9. 

9. The subject matter of all business to be acted upon 
in any town meeting shall be distinctly stated in the 
w^arrant therefor ; and nothing done at any meeting 
shall be valid unless the subject thereof was so stated. 
B. S. ch. 32, sec. 2; C. S. ch. 34, sec. 2. 

10. All places unincorporated, which shall be re- 
quired to pay any public tax, are invested with the 
powers of towns relating to the choice of moderator 
and clerk, of selectmen, assessors and collectors ; and 
all the provisions of the laws applicable to towns and 
town officers, are extended to such unincorporated 



O OF THE POWERS AND 

places and their officers^ so far as they relate to meet- 
ings for the choice of such oflScers^ and to their election, 
powers^ duties and liabilities^ and so far as they relate 
to public highways, the assessment and collection of 
public taxes, and the perambulation of the li'nes of such 
places. B. 8. ch. 38, sec. 1 ; G. S. ch. 40, sec. 1. 

An unincorporated place cannot by its own acts only 
place itself in such a position as to entitle itself to the 
rights and privileges, or subject itself to the liabilities 
of towns. 12 iY. H. B. 409. 

No evidence tends to prove an act of incorporation, 
unless some act of the government be shown, recogniz- 
ing the place as a town, or its right to act as such. 12 
N. H. B. 412. 

Evidence that the inhabitants of a place have exer- 
cised the rights and performed the duties of a town, 
and that the place has been recognized as such, may be 
submitted to a jury, on which to find that the place 
has been incorporated. 12 N. H. B. 412. 

Evidence that a place has for fifty years exercised 
all the privileges of a town, is proper to be submitted 
to the jury from which to infer that the place has been 
incorporated, although no charter can be found. 15 
N. B. B. 201. 

But evidence that the place has been classed for the 
choice of a representative, is not competent for that 
purpose, as unincorporated places are usually classed 
for the choice of a representative. 12 N. H. B. 412. 

11. The legislature may enlarge or curtail the powers 
of towns, or divide their territory and make new towns, 
whenever the convenience of the public requires it. 3 
N. H. B. 532. 

12. Upon such division the property and burdens 
may be apportioned between the towns as equity de- 
mands. 8 N. H. B. 320 ; SN.H. B. 532. 

13. Upon such division the old corporation retains 
all the property, rights and privileges, and remains sub- 
ject to all its obligations and duties, unless some new 
provision is made by the act authorizing the separation. 
4 Mass. B. 384, 539 ; 2 W.II. B. 21; 8 ditto 320. 

14. Any public or private corporation, authorized to 



DUTIES OF TOWNS. 7 

hold real estate, may convey the same by an agent ap- 
pointed by vote for that purpose. B. S. ch, 130, sec. 2 ; 
(7. S. ch. 136, sec. 2. 

14,a. Towns cannot pass the title to real estate 
owned by the town, by a vote merely ; the conveyance 
should be by an agent or agents, duly appointed by the 
town at some meeting for that purpose. 5 N. H. 
R. 461. 

15. Towns derive all their powers to raise money by 
taxation from the statute. A vote to raise money for 
a purpose not authorized by statute, is illegal and void. 
3 N. JBL. R. 598 ; 14 Maine R. 375. 

16. Towns may release a debt as well as contract one, 
by a vote of the majority 3 8 Greenl. R. 334; 3 N, H. 
R. 499 ) and the town, or the selectmen thereof, may 
remit any penalty or forfeiture belonging to such town. 
R. S. ch. 211, sec. 11; C. S. ch. 224, sec. 11. 

17. The legislature has not a constitutional right to 
impose a tax on the lands in a particular town or un- 
incorporated place, for any purpose ; the law should 
extend to all towns and places. 4 N, S. R, 572. 

18. An article in the warrant for town meeting, ^^To 
see what sum of money the town will vote to raise for 
the support of schools, of the poor, repairing bridges 
and highways, for the payment of the just debts of the 
town, and for other legal purposes,^' states with suf- 
ficient precision the subject matter to be acted on un- 
der it. 7 JSr. H. R. 113. 

19. When a petition to be presented to the legisla- 
ture aifects the rights of any town, a copy of it should 
be given to the town-clerk and one selectman, thirty 
days at least before the annual meeting in March. R. S. 
ch. 2, sec. 2 ; C. S. ch. 2, sec. 2. But this is merely di- 
rectory, as the legislature may waive it, if they see fit. 

20. It is not necessary that towns^in their votes rais- 
ing money for the annual expenditures authorized by 
law, should in all cases raise a specific sum for each 
object. A vote to raise a certain sum ^^for the expend- 
itures of the current year, being the subject matter 
of the eighth article in the warrant, excepting for high- 
ways and bridges,'^ is a legal vote. 7 iV. S. R. 114. 



8 OP THE POWERS AND 

21. It is the more prudent course, however, to raise 
a specific sum for each particular object, and to make 
the record accordingly. 

22. What may be considered ^^ the necessary charges 
arising within the town^^ is somewhat difficult to deter- 
mine. If a power, however, is given to, or a duty im- 
posed upon a town by law, the means required to exe- 
cute the power, or fulfill the duty, would be "necessary 
charges.'' These include the usual town expenses, 
payments to soldiers, expenses of hospitals, and vaccin- 
ation to prevent the spread of the small-pox, the 
erection and maintenance of guide-boards, the cost of 
actions by and against the town, the erection of a town 
house, poor house and house of correction, the expense 
of providing pounds, standard weights and measures, 
and record books, and all expenditures for objects 
authorized by any statute, or necessary to carry the 
object of such statute into effect. 

" The authority of a town to raise money by taxa- 
tion is limited to a very few objects.'' 4 N, H. B. 500. 
These objects are defined by statute, or arise necessa- 
rily therefrom ; otherwise the tax is illegal. Thus a 
vote to pay a toll-bridge company $400 per annum, for 
the right of all the inhabitants of the town to pass the 
bridge free of toll, however advantageous, was held in 
Maine to be illegal. 3 Greenleaf B. 191. So a vote to 
repair a meeting-house " for religious and town use," is 
illegal, — 8 Greenleaf B. 400; or to build a house to 
rent, — ihid. ; or to build a jail, — 10 Vt. B. 506; see, 
also J chapter 26 ; or a place of amusement, or a monu- 
ment. 13 Mass. R. 279. 

The right of towns to sell lots reserved by the pro- 
prietors of townships for the ministry, or for schools, 
has never been called in question. 2 N. H. B. 508. 

The incorporation of a part of a town into a new 
town does not vest the title in the new town to lands 
reserved for the ministry, situate in its limits. 2 N. H. 
JS. 20; 8 iV: jff. i?. 133. 

Towns may apply the income of a fund derived from 
the sale of a lot reserved for the ministry, at their 



DUTIES OF TOWNS. 9 

pleasure, and a minority incorporated as a religious so- 
ciety are not entitled to a part of it. 2 N. H. R. 508. 

Such income maybe granted to one or more religious 
societies, though towns cannot raise money for the 
support of the ministry. 8 iV". JS. B. 133. 

Towns have a right to remove a meeting-house 
owned by them^ from one place to another, though the 
pews may be owned by individuals. 4 N. S. M. 180. 

A town is authorized to indemnify its officers against 
a liability which they may incur in the bond fide dis- 
charge of their duties, although it should turn out that 
they have exceeded their legal rights and authority. 
12 N. H. R. 278; 18 Rich ^.566. 

22,a. A vote of a town to raise money to defray 
town charges, authorizes the raising of a tax ; because 
the word charges, used in the statute, means the sums 
which the town is legally liable to pay. 1 Fast. R. 401. 

Since the statute of June 28th, 1827, taxes for the 
support of the ministry must be voted, assessed and 
collected with the same formality and strictness as 
those assessed for other specific purposes. The vote of 
a town to raise money to defray town charges will not 
authorize the assessment of a tax to be appropriated 
for the support of the ministry. 1 Fost. R. 319. 

23. The other powers and duties of towns will be 
found under their appropriate titles, or under the title 
of the officer who is to attend to the execution of the 
law. 

24. A town has no power to rescind a contract once 
legally made, any more than an individual has. 7 N. H. 
R. 255. 

A town in its corporate capacity will not be bound, 
even by the express vote of the majority, to the per- 
formance of contracts or other legal duties not coming 
within the scope of the objects and purposes for which 
they are incorporated. 1 3Iet R. 284, 286 ; 11 PicL R. 
396 ; 13 Mass. R, 272 ; 16 Mass. R. 48. 

25. Each town is entitled to a copy of the Eevised 
Statutes and Laws of each session, — R. S. ch. 3, see. 3 ; 
the Journals of the House and Senate, — R. S. ch. 3, sec. 
8 ; the Laws of the United States, — R. S. ch. 3, sec. 5 ; 

2* 



10 OF THE ESTABLISHMENT OP PUBLIC LIBRARIES. 

and the New-Hampshire Eeports, — E. S. ch, 11, sec, 5; 
G. S, ch. S, sees. 3, 5 and 8, and ch. 11, sec. 5. 

25,a. Whenever any meeting-house in this State, 
built by any town or corporation, shall have ceased to 
be used and occupied as a place of public worship, it 
shall be lawful for such town or corporation to sell the 
same at public auction, and to appoint a committee to 
make such sale and execute a conveyance to the pur- 
chaser thereof. Public notice of such sale shall be 
given by posting up notices thereof, on the door of the 
meeting-house to be sold, and at two or more public 
places in the town where such house is situated, at 
least fifteen days previous to the day of sale. 

-25,6. The proceeds of such sale shall be equally di- 
vided among the proprietors, owners and pew-holders 
of such meeting-house, according to the value of their 
respective interests therein ; which interests shall be 
determined by the county commissioners of the county 
in which such house is situated. Laws, 1858, ch. 2107. 



CHAPTER 1,A. 

OF THE ESTABLISHMENT OF PUBLIC LIBRARIES. 



Towns or cities may raise 
money to establish public li- 
braries. 

Libraries to be free. 



3. Towns or cities may receive 

gifts, &c., for library. 

4. Libraries established under this 

act to receive laws, journals, 
&c. 



1. Any town in this State, at any legal meeting noti- 
fied and holden for the purpose, and the city council in 
any city in this State, may raise and appropriate money 
to procure books, maps, charts, periodicals, and other 
publications, for the establishment and perpetual main- 
tenance within the limits of such town or city of a pub- 



OF THE ESTABLISHMENT OF PUBLIC LIBRARIES. 11 

lie library, for the purchase of such land and the erec- 
tion of such buildings as may be necessary for the suit- 
able accommodation thereof, and for the compensation 
of such officers or agents as may be necessarily em- 
ployed in the establishment and management of such 
library. 

2. Every public library, established under the provi- 
sions of this act, shall be opened to the free use of 
every inhabitant of the town or city where the same 
exists, for the general diffusion of intelligence among 
all classes of the community, subject to such rules and 
regulations for the well ordering and careful preserva- 
tion thereof as may be established and ordained by 
such town or city. 

3. Any town or city may receive, hold and possess, 
or sell and dispose of all such gifts, donations, devises, 
bequests and legacies, as may be made to such town or 
city, for the purpose of establishing, increasing or im- 
proving any such public library, and may apply the 
proceeds, interests, rents and profits accruing there- 
from, in such manner as will best promote the pros- 
perity and utility of such library. 

4. Every town or city in which a public library shall 
be established under the provisions of this act, shall be 
entitled to receive annually a copy of the laws, jour- 
nals, and all other works published by authority of 
the State, for the use of such library ;. and the secre- 
tary of state is hereby authorized and required to fur- 
nish the same from year to year to such town or city. 
Laws 1849, ch, 861 ; C, S. ch, 33. 



CHAPTER 2. 



OF WARNING TOWN MEETINGS. 



18. Original may be posted. 

19. Form of warrant directed to 

a constable. 

20. Form of constable's return. 
20ja. Meeting-bouse a public 

place, wben. 

21. Form of warrant wben posted 

by selectmen. 

22. Form of return thereon. 

23. Form of application to select- 

men to call meeting. 

24. Form of application to jus- 

tice, on neglect of select- 
men. 

25. Form of warrant issued by 

justice. 

26. Same subject. 

27. Form of application to jus- 

tice, when annual meeting 
not holden. 

28. Form of warrant therefor. 



1. Annual meeting, when hold- 

en. 

2. Special meetings, when warn- 

ed. 

3. Warrant, how to be drawn. 

4. Articles inserted in warrant. 

5. Others inserted on applica- 

tion, or a meeting called. 

6. Warrant posted by selectmen. 
6,a. When not in season. 

7. Warrant posted by constable. 

8. Town may prescribe mode. 

9. Return of service, how made. 

10. Majority in office may act. 

11. Justice may warn meeting, on 

neglect of selectmen. 

12. Or on failure of meeting. 

13. Form of warrant and return. 

14. Neglect to warn, penalty. 

15. Applications, requisites of. 

16. Rules as to calling meetings. 

17. Service and return, requisites. 

1. The annual meeting of every town shall be holden 
on the second Tuesday, or other day, in March annu- 
ally, for the choice of town officers, and the transaction 
of other town business. B. S. ch. 32, sec. 1 ; C, S. ch. 
34. sec. 1. 

2. A town meeting may be warned by the select- 
men, when in their opinion there shall be occasion 
therefor. R. S. ch. 32, sec. 1 ; G. S. ch. 34, sec. 1. 

3. The warrant for every town meeting shall be un- 
der the hands and seal of the selectmen, and shall pre- 
scribe the place, day and hour of the meeting. H. S. 
ch. 32, sec. 2; 0. S. ch. 34, sec. 2. 

4. The subject matter of all business to be there 
acted upon shall be distinctly stated in the warrant, 
and nothing done at any meeting shall be valid unless 
the subject thereof was so stated. B. S. ch. 32, sec. 2; 
a S. ch. 34, sec. 2. 



OP WARNING TOWN MEETINGS. 13 

5. The selectmen, upon the written application of 
ten or more voters^ or of one sixth part of the voters 
in the town, shall insert in their warrant for the an- 
nual or any other meeting, any subject specified in such 
application, or shall warn a meeting therefor, if re- 
quested in such application. B. S. ch. 32^ sec. 3 ; G. S, 
ch. 34, sec. 3. 

6. The selectmen may address their warrant to the 
inhabitants of the town qualified to vote in town affairs, 
in which case they shall post up an attested copy of 
such warrant, at the place of meeting, and a like copy 
at one other public place in the town, fifteen days be- 
fore the day of meeting. R. S. ch. 32, sec. 4; C. S. ch. 
34, sec. 4. 

6,a. A copy of the warrant, posted up on Monday, 
two weeks before the Tuesday on which the meeting 
is held, is not in season. 1 Fost. B, 550. 

And where one of the copies of such warrant was 
posted on the inside of the door where the meeting 
was to be held, and the door was then locked and kept 
locked until the day of the meeting, — held, that such a 
posting was not a compliance with the spirit of the 
statute, and that the notice was insufS.cient. Ibid. 

7. "VYarrants for town meeting may be directed to a 
constable of such town, requiring him to notify the in- 
habitants ; and such constable shall post up an attested 
copy of such warrant, as provided in the preceding 
section. B. S. ch. 32, sec. 5 ; C. S. ch. 34, sec. 5. 

8. Any town may, by vote, prescribe a different 
method of warning meetings, and the meetings warned 
in pursuance of such vote shall be legal and valid. B. S. 
ch. 32, sec. 6; G. S. ch. 34, sec. 6. 

9. The selectmen, or the constable serving any war- 
rant, shall return the same at the time and place of 
meeting, with a certificate of the service thereof, to the 
town clerk, or, in his absence, to one of the selectmen. 
B. S. ch. 32, sec. 7 ; G. S. ch. 34, sec. 7. 

The only competent evidence that a warrant for a 
town meeting has been duly posted up, is the return 
of the selectmen or constable, stating the time and 



14 OF WARNING TOWN MEETINGS. 

places where it was posted up. 6 JSL H. B. 182 ; Ibid. 
194. 

10. In case of the death or removal of any of the se- 
lectmen of a town, the major part of those who remain 
in office shall have power to warn meetings. R. S. ch. 
B2,sec. 8; C. S. ch. 34, sec. 8. 

11. If the selectmen shall unreasonably neglect or 
refuse to warn a meeting, or to insert any article in 
their warrant, a justice of the peace, upon application 
in writing of one sixth part of the voters of such town, 
may issue a warrant for such meeting. B. 8. ch. 82, 
sec, 9 ; G. S, ch. 34, sec. 9. 

12. If the annual meeting in any town shall not have 
been holden, or if there has never been any legal meet- 
ing of such town, a justice of the peace, on application 
of ten voters, or of one sixth part of the voters of the 
town, may issue a warrant for such meeting. B. S. ch. 
82, sec. 10; 0. S. ch. 34, sec. 10. 

13. The warrant of a justice of the peace for a town 
meeting shall be under his hand and seal, directed to a 
constable of the town, if any there be, otherwise to 
one of the voters applying; shall specify the time, 
place and object of the meeting, and shall be served 
and returned in the same manner as warrants issued by 
selectmen. B. S. ch. 32, sec, 11; C. S. ch. 34, sec. 11. 

14. If any selectmen shall neglect to issue a warrant 
for the holding of meetings for the choice of state, 
county or town officers, electors of president and vice- 
president of the United States, or representatives in 
congress, or shall neglect to cause copies of such war- 
rant, if not directed to a constable, to be duly posted 
up, or notice of such meeting to be given agreeably to 
any vote of the town, they shall, for each offence, for- 
feit the sum of fifty dollars, one half to the use of the 
town, the other half to the use of the person who may 
sue for the same. B. S. ch. 32, sec. 12; 0. S. ch. 34, 
sec. 12. 

15. Every application for a town meeting must be in 
writing, and signed by at least ten legal voters of the 
town, if there are sixty voters or more in the town ; 



OP WARNING TOWN MEETINGS. 15 

otherwise; by one sixth part of the legal voters of the 
town. 

16. The selectmen may call a town meeting when 
they think proper, without any application, but they 
shall call one upon application as aforesaid. If there 
has never been any meeting of the town, or if the an- 
nual meeting has failed to be holden, the warrant must 
be issued by a justice. If the selectmen unreasona- 
bly neglect or refuse, any justice, on written applica- 
tion, may issue his warrant for a meeting. 

17. The return of the constable, or selectmen, who 
post up the warrant, must state the day on which it 
was posted up, and the places where it was so posted, 
one of which places must appear to be the place of 
meeting, and the other a public place. The following 
returns are wrong: ^^B., March 11, 1828. These cer- 
tify that the within warrant has been posted up for 
more than fifteen days. S. W., J. W., Selectmen.^' 6 
N. H. B. 195. ^^ March 12, 1822. Lawfully posted a 
true copy of the within articles.'' 6 N. H. JR. 184. 

18. '' The posting of the original warrant, instead of 
a copy, is a valid notice of a town meeting.'' 7 JV. H. 
R, 284. 

19. The Form of a Warrant for calling a town meet- 
ing, when directed to a constable, may be as follows : 

STATE OP NEW-HAMPSHIEE. 

[L. S.] To D. W., one of the constables of the town of 
Nashua, in the county of Hillsborough, 

greeting. 
In the name of the State of New-Hampshire you are 
directed to notify the inhabitants of said town of 
Nashua, qualified by laAV to vote in town affairs, to 
meet at Eev. Mr. E.'s meeting-house, in said town, on 
Tuesday, the fourteenth day of March next, at nine of 
the clock in the forenoon, then and there to act on the 
following subjects: 

1. To choose a moderator, to preside in said meeting. 

2. To choose all necessary town officers for the year 
ensuino\ 



16 OF WARNING TOWN MEETINGS. 

3. To bring in their votes for governor, councillor, 
senator, county treasurer^ register of deeds, and one 
county commissioner. 

4. To determine the number of representatives said 
town will choose the present year. 

5. To choose one or more representatives to repre- 
sent said town in the general court, to be held at Con- 
cord, on the first Wednesday of June next. 

6. To raise such sums of money as may be necessary 
to defray town charges for the ensuing year, and make 
appropriation of the same. 

7. To see if the town will adopt the provisions of 
chapters 113 and 114 of the Eevised Statutes, or any 
part thereof 

8. To see if the town will vote to discontinue the 
highway leading from — to — . 

Hereof fail not, and make due return of this warrant, 
with your doings thereon, to the town-clerk, or in his 
absence to one of the selectmen, at the time and place 
of meeting, as aforesaid. 

Given under our hands and seal, this twentieth day 
of February, in the year one thousand eight hundred 
and fifty-eight. 

0. D. [- Selectmen of Nashua, 
B. Y,) 

20. The Form of the Constable's Eeturn of Ser- 
vice, on the back of any warrant for town meeting by 
him served, may be as follows : 

Nashua^ March 9, 1858. Pursuant to the within war- 
rant, I have notified said inhabitants to meet at the 
time and place, and for the purposes within mentioned, 
by posting up an attested copy of such warrant at the 
place of meeting within specified, and also a like attest- 
ed copy at the tavern of W. W. P., being a public 
place in said town, on the twentieth day of February 
last, being fifteen days before said meeting. 

D. W., Constable of Nashua. 



OF WARNING TOWN MEETINGS. 17 

What is to be deemed " a public placed within the meaning of the 
statutes requiring notice to be posted at a public place, as of town 
meetings, check lists, sales on execution for taxes, &c., is not well set- 
tled. C. J. Richardson says, (3 N. H. R. 181 J " The general under- 
standing of the community on a question of this nature is entitled to 
much respect, and it is believed this understanding has viewed as pub- 
lic places, houses of public worship, inns, and perhaps in some places, 
shops where goods are retailed. We are not aware that a mechanic's 
shop has ever been regarded as a public place any where." In this case 
it was decided that a shoemaker's shop in Deerfield was not a public 
place. It is evident much must depend on the extent and populous- 
ness of the town in question. In large places, where there are many 
houses of public worship, inns and stores, there may be very retired 
meeting-houses and very obscure inns, which would be in no sense 
public places ; and few stores would be entitled to that character. 
While court houses, public markets, post-offices, and the like, would 
be in truth the public places. It is believed there are towns which 
have neither a meeting-house, inn nor store, and where a mechanic's 
shop, or mill would be the most public place. See sec. 6,a, of this chapter. 

20,(2. A meeting-house is prima facie a public place 
for posting notices. 8 Fost, B, 419. 

21. "When the Warrant is posted up by the select- 
men, the Form may be as follows : 

STATE OF NEW-HAMPSHIEE. 

[L. S.] To the inhabitants of the toivn of W., in the county 
of H., in said State, qualified to vote in town affairs. 
You are hereby notified to meet at the Baj)tist meet- 
ing-house in said N., on Tuesday, the fourteenth day of 
March next, at nine of the clock in the forenoon, to 
act upon the following subjects ; 

1. To choose a moderator, to preside in said meeting. 

2. To choose all necessary town officers for the year 
ensuing. 

3. To bring in your votes for governor, councillor, 
senator, county treasurer, register of deeds and one 
county commissioner. 

4. To determine, &c., &c. 

Given under our hands and seal, this twentieth day 
of February, in the year eighteen hundred and fifty- 
eight. 

A. B.) 

C. D. [ Selectmen of iV. 

E. F. 3 



18 OP WARNING TOWN MEETINGS. 

22. The Eeturn of the Selectmen may be as follows : 
N—j March 9, 1858. We hereby certify that we gave 

notice to the inhabitants within named, to meet at the 
time and place, and for the purpose within mentioned, 
by posting up an attested copy of the within warrant 
at the place of meeting within named, and a like at- 
tested copy at the tavern of W. M., being a public place 
in said town^ on the twentieth day of February, 1858. 

A. B.*) 

C. D. [ Selectmen of N. 
E. F. ) 

23. The Application to the Selectmen to call a 
town meeting may be as follows : 

To the Selectmen of the Town of Merrimack, 

You are requested by the subscribers, legal voters of 
said town, to call a meeting of the inhabitants of said 
town, and to insert in the warrant for the same an ar- 
ticle in substance as follows : viz. To see if the town 
will vote to set off the homestead farm of A. B. from 
school district No. 1, and annex the same to school 
district No. 2. 

A. B., C. D., E. F., &c. 

Merrimack, Sept. 10, 1858. 

24. The Form of the Application to a Justice, 
when the selectmen neglect or refuse to call a meeting, 
or insert an article as aforesaid, may be thus : 

To P. C, Esq.y one of the Justices of the Feace for the 
County of Hillsborough. 

The subscribers, being one sixth part of the legal 
voters in the town of Merrimack, in said county, re- 
spectfully show that on the tenth day of September 
last sundry voters of said town made written applica- 
tion to the selectmen thereof, a copy of which is as 
follows : 

[Here insert a copy of the Application, names of signers, &c.] 

Yet the said selectmen have unreasonably neglected 
to comply with said request : Wherefore the subscrib- 



OF WARNING TOWN MEETINGS. 19 

ers request you to issue a warrant to call a meeting of 
the inhabitants of said town, to act upon the article 
contained in said application. 

A. B., C. D., &c. 

25. The Warrant issued by the Justice upon such 
Application must be under seal, and may be as follows : 

STATE OF ]SrEW-HAMPSHIEE. 

[L. S.] To S. M., one of the Constables in the Town of 
Merrimack, in the County of Hillsborough, 

greeting. 

Whereas application has been made to me, one of 
the justices of the peace for said county, by one sixth 
part of the legal voters in said town, to call a meeting 
of the inhabitants of said town, to act upon the article 
hereinafter mentioned ; and whereas it has been made 
to appear to me that the selectmen of said town, upon 
application in writing, duly made to them for the pur- 
pose, have unreasonably neglected to insert said article 
in the warrant for a town meeting issued next after 
said application to them : 

In the name of said State you are required to warn 
the inhabitants of said town, qualified to vote in town 
affairs, to meet at the Congregational meeting-house 
in said town, on the twenty-seventh day of September 
next, at nine of the clock in the forenoon, to act upon 
the following subjects: 

1. To choose a moderator, to preside in said meeting. 

2. To see if the town will vote to set off the home- 
stead farm of A. B. from school district 'No. 1, and 
annex the same to school district No. 2. 

Fail not to make due service of this warrant, and to 
make return thereof, with your doings thereon, to the 
clerk of said town, or, in his absence, to one of the 
selectmen, at the time and place of meeting aforesaid. 

Given under my hand and seal, this — day of — , 
A. D. 1858. 

P. C, Justice of the Peace. 

26. If in such case the selectmen have unreasonably 



20 OF WARNING TOWN MEETINGS. 

neglected to call a meeting, omit the words, " have un- 
reasonably neglected to insert said article in the war- 
rant for a town meeting issued next after said applica- 
tion to them/' and insert instead, ^^ have unreasonably 
neglected to call a meeting, to act upon said article/' 

27. If the annual meeting in any town shall not have 
been holden, the Form of an Application to a Jus- 
tice may be thus : 

To P. C.J Esquire, a Justice of the Feacefor the County of 
milshoj'ough. 

The subscribers, legal voters of the town of N., in 
said county, represent that the annual meeting of the 
inhabitants of said town, required by law to be held in 
March annually, has not beemheld, and that it is neces- 
sary that such meeting should be held, and town offi- 
cers duly chosen, and other business transacted by said 
tow^n. You are, therefore, requested to issue a warrant 
to call a meeting of the inhabitants of said town, to 
act upon the following subjects : 

1. To choose a moderator, to preside in said meeting. 

2. To choose all necessary town officers. 

3. To, &c. 

T. E., G. H., &c., &c. 

28. The Warrant issued by the justice on such ap- 
plication must be under seal, and may be as follows : 

STATE OF NEW-HAMPSHIEE. 

[L. S.] To S. M., one of the Constables of the Toivn of N.y 
in the County of Hillsborough, 

greeting. 

Whereas application has been made to me, one of 
the justices of the peace for said county, by ten legal 
voters in said tovvm, to call a meeting of the inhabitants 
of said town, qualified to vote in town affairs, to act 
upon the articles hereinafter mentioned ; and whereas 
it appears to me that the annual meeting of said town 
has not been held according to law : 

In the name of said State you are required, &c., &c. 
[TAe remainder of the warrant may be the same as in sec- 



GOVERNIVIENT AND POWERS OF TOWN MEETINGS. 21 

tion 25.] If there is no constable, it should be directed 
to one of the voters applying. 

If a justice issue a warrant for a town meeting in 
any case where he is not authorized by the statute, the 
meeting is illegal. 7 N. H, B. 206. 



CHAPTER 3. 



OF THE GOVERNMENT AND POWERS OF TOWN MEET- 
INGS. 



1. Who presides till moderator 

chosen. 

2. When justice presides. 

3. Choice and powers of modera- 

tor. 

4. Vote made certain by a poll. 
4,a. Penalty for neglect or refusal. 
4,6. If moderator resign, another 

to be chosen. 



5. Disorderly speaking, penalty. 

6. Disorderly conduct, penalty. 

7. Constable to enforce order. 

8. Disorderly conduct indictable. 

9. Power to adjourn or dissolve. 

10. Effect of illegal votes. 

11. Who are legal voters. 

12. Liability of moderator. 



1. At every town meeting, the selectman present 
who is senior in rank, shall preside until a moderator is 
chosen, and shall have the powers and perform the du- 
ties of moderator. K no selectman is present, the town- 
clerk shall preside. R. S, ch. 33, sec. 1 ; C. S. ch. 35, 
sec. 1. 

2. When there are no selectmen or town-clerk of the 
town, it shall be the duty of the justice calling such 
meeting to attend and preside until a moderator is 
chosen. B, S. ch. 33, sec. 2 ; C. S. ch. 35, sec. 2. 

3. At any town meeting in any town or place in this 
State, the moderator of said meeting shall be chosen by 
the vote of a plurality of the legal voters present and 
voting for said officer, [^Laws of 1847, ch. 490,] who 
shall be sworn, and shall preside in and regulate the 
business of the meeting; may prescribe rules of pro- 



22 GOVERNMENT AND POWERS OF TOWN MEETINGS. 

ceeding therein, which may be altered by the town ; 
shall decide all questions of order, and make a public 
declaration of all the votes passed. Part of B. S.y sec. 3 ; 
JOaws 1847, ch. 490; C, S. ch. 35, sec. 3. 

4. When any vote, declared by any moderator, or 
other officer presiding in town meeting, shall immedi- 
ately, and before any other business is commenced, be 
questioned by seven or more of the voters present, the 
moderator, or other presiding officers, shall make the 
vote certain by a poll of the voters. C. S. ch. 35, sec. 4. 
By ^^ a poll of the voters,'^ is understood any mode of 
counting the polls, or heads, which can render the count 
certain. 

4,a. And if any moderator, or other officer presid- 
ing in town meeting, shall willfully neglect or refuse to 
make any vote certain by a poll of the voters, when 
required as aforesaid, or shall willfully violate or neg- 
lect to enforce any rule of proceeding in town meeting 
which shall have been established by vote of the town 
or otherwise, he shall for each offence be punished by 
a fine not exceeding five hundred dollars, or by im- 
prisonment not exceeding six months. Jjaws of 1847, 
ch. 494, sec. 1 ; C. S. ch. 35, sec. 4. 

4,6. Whenever any moderator of any town meeting 
shall from any cause resign or leave his place as mod- 
erator, and cease to preside in the meeting, before the 
adjournment or dissolution thereof, the voters present 
may proceed forthwith to choose by ballot a new mod- 
erator, who shall be sworn and proceed in the meeting 
to the close thereof, in the same manner as the mode- 
rator first chosen might have done ; and the first or 
senior selectman present, and if no selectman be pres- 
ent, the town-clerk shall preside until such new mode- 
rator shall be chosen. IJaws of 1847, ch. 494, sec. 2 ; 
a S. ch. 35, sec. 5. 

5. ISTo person shall speak in any meeting, without 
leave of the moderator, nor when any person is orderly 
speaking ; and all persons shall be silent at the desire 
of the moderator, on pain of forfeiting one dollar for 
each offence, for the use of the town. JR. S. ch. 33, sec. 
5; as. ch. SbjSec. 6. 



GOVERNMENT AND POWERS OF TOWN MEETINGS. 23 

6. If any person shall conduct in a disorderly man- 
ner, and, after notice from the moderator, shall persist 
therein ; or shall in any way disturb the meeting, or 
willfully violate any rule of proceeding therein, the 
moderator may command any constable, or any legal 
voter of such town, to carry such disorderly person out 
of the meeting, and detain him until the business of the 
meeting is finished. E. S. ch. 33, sec. 6; C. JS. ch. 35, 
sec, 7. 

7. Every constable shall obey the orders and com- 
mands of the moderator for the preservation of order, 
and may command such assistance as is necessary ; and 
if any constable shall neglect to perform any of the 
duties imposed by this or the preceding chapter, he 
shall forfeit the sum of forty dollars, one half for the 
use of the town, the other half to any person who will 
sue for the same. B. S. ch. 33, sec, 7 ; C. S. ch, 36, sec. 8. 

8. Disorderly behavior in town meetings is a misde- 
meanor at common law, and punishable by indictment. 
16 Mass. R. 385. 

9. Any town meeting, after it is organized, may be 
adjourned from time to time, and to such place within 
the same town, or may be dissolved, as a majority of 
the voters present shall determine. 13 Maine B. 466. 

10. If persons should vote who were not legally 
authorized, without being challenged, it would not 
vitiate the proceedings. 3 Pick. B. 232. 

11. The rights and qualifications of voters are the 
same as in other elections. See ch. 9. 

12. A moderator will not be liable to an action for 
refusing to receive the vote of a person who is a legal 
voter, without proof of malice, express or implied. 1 
N. S. B. 88. 



CHAPTER 4. 



OF THE CHOICE AND DUTIES OF TOWN OFFICERS, 
AND OF FILLING VACANCIES. 



1. Town-clerk, choice and du- 

ties. 

2. Selectmen, choice and duties. 

2.05. Election of, must be by bal- 

lot. 

3. Assessors, choice and duties. 

4. Agents, overseers of poor, &c. 

4.6. Town treasurer, election of. 
4,c. Town treasurer, appoint- 
ment of. 

5. Constables, and other officers. 
5,a. Agents to build roads. 

6. Duration of office. 

7. Choice, how made. 

8. Vacancy filled by town. 

8,a. Vacancy filled at special 
meeting. 

9. Powers of such officers. 

10. Collector appointed by select- 

men. 
10,a. Appointment by majority 
sufficient. 

11. Collector and constable to 

give bond. 

12. Compensation of collector. 

13. Collector may appoint depu- 

ties. 

14. Vacancy in any town office, 

filled by selectmen. 

15. Treasurer appointed by se- 

lectmen. 

16. When officer "becomes in- 

sane." 

17. Form of appointment. 

18. Form of bond to town. 



19. Requisites of bonds. 
19,a. How approved. 

20. Form of agreement with col- 

lector or treasurer. 

21. General form of records. 

21, a. Writing in pencil not suffi- 
cient. 

22. Records may be amended. 

23. Town-clerk cannot make a 

record of proceedings before 
his election. 

24. Parol testimony not admissi- 

ble to supply record. 

25. Penalty on town-clerk for 

making false record or 
copy. 

26. Penalty for not giving copy. 

27. Fees of town-clerk. 

28. Authority, how executed by 

agents. 

29. When majority may act. 

30. Responsibility of selectmen 

and officers acting under 
them. 

31 . " Selectmen," in statute mean- 

ing of. 

32. Construction of titles. 

33. Selectmen are agents of town. 

34. Powers of special agents. 

35. CoUectorship, not to be sold. 

36. No person compelled to serve 

two years, nor as constable. 

37. Form of record of elections. 

38. Other powers and duties. 



1. Every town, at the annual meeting, shall choose 
by ballot and by major vote, a town-clerk, whose duty 
it shall be to record all votes passed by the town while 
he may remain in office, and to discharge all the duties 



OFFICERS; AND FILLING VACANCIES. 25 

of the office according to law. R, S, ch. 34, sec, 1 ; G, S. 
ch. 36, sec. 1. 

2. At such meeting three or more selectmen, not ex- 
ceeding nine, shall be chosen, by ballot and by major 
vote, who shall manage all the prudential affairs of the 
town, and shall perform all the duties by law prescribed. 
A majority of the selectmen shall be competent to act 
in all cases. JR. S. ch. 34, sec. 2; C. S. ch. 36, sec. 2; 5 
Foster JR. 251. 

* 2,a. Selectmen must be elected by ballot and by ma- 
jor vote; and the record, if necessarily used as proof 
of their authority, must show those facts. 8 Foster 

B. 419. 

3. Any town may choose assessors, by ballot and by 
major vote, who shall constitute, with the selectmen, a 
joint board for the assessment of taxes ; and all ques- 
tions arising at such board shall be decided by a major 
vote of the joint members thereof. JR. S. ch. 34, sec. 3 ; 

C. S. ch. 36, sec. 3. 

4. Any town may choose, by major vote, one or more 
agents, overseers of the poor, a treasurer, firewards 
and health officers. If such officers are not chosen, the 
selectmen shall discharge the duties and have the 
powers of that office. B. S. ch. 34, sec. 4 ; C. S. ch. 36, 
sec. 4. 

4,5. Every person who shall be elected or appointed 
to the office of town treasurer, shall, within six days 
after his election or appointment, and before entering 
upon the duties of his office, give a bond, with sufficient 
sureties to the acceptance of the town, or of the select- 
men, for the faithful performance of his said official 
duties ; and in default thereof the office shall become 
vacant. Laics of 1850, ch. 993 ; C. 8. ch. 36, sec. 5. 

4,c. If any town, at its annual meeting, shall fail to 
elect a treasurer, it shall be the duty of the selectmen 
of such town, within fourteen days thereafter, to ap- 
point a treasurer, and they may appoint one of their 
number to that office, if they shall deem it expedient. 
Laios of 1850, ch. 993; G. S. ch. 36, sec. 6. 

5. Every town may choose, by major vote, one or 
more constables ; one or more collectors of taxes ; sur- 
veyors of highways; fence-viewers; a clerk of the 



26 CHOICE AND DUTIES OF TOWN 

market ; sealers of weights and measures ; hog-reeves ; 
a pound-keeper; measurers of wood; surveyors of lum- 
ber; cullers of staves ; and every other officer who may 
be directed by law to be chosen, and such other officers 
as they may judge necessary for managing their affairs, 
who shall severally perform the duties prescribed by 
law. B. 8, ch, 34, sec. 5 ; C. 8, ch. 36, sec. 7. The other 
town officers which may be chosen, are superintending 
school committee, (who are to be chosen by ballot j) 
auditors, police ofScers^ watchmen, agents of vaccina- 
tion, &c. 

5,a. An article in a warrant for a town meeting, to 
choose all necessary town officers, is sufficient to author- 
ize the choice of an agent to build a road. 4 Foster B. 208. 

6. All town officers shall continue in office until the 
next annual meeting for the choice of town officers, and 
until others shall be chosen and sworn in their stead, 
except in cases where the law shall otherwise direct. 
B. 8, ch. 34, sec. 6 ; C. 8. ch. 36, sec. 8. 

7. Every choice must be made by a majority of the 
legal voters who vote ; but no election need be by bal- 
lot, except where expressly required. If the choice is 
by ballot, the record should so state. 8 Foster B. 419. 

8. When any person, elected to any town office, 
shall not accept the same, or shall die, resign, remove 
from town, or become insane in the judgment of the 
town, or when no annual meeting shall have been holden 
for the choice of town officers, or no choice has been 
made, or when there shall be a vacanc}^ in any other 
way, the town may choose such officer at any legal 
meeting holden for that purpose, or at the adjournment 
of the annual meeting. B. 8. ch. 36, sec. 1 ; C. 8. ch. 
38, sec. 1. 

8,a. Under the provisions of sec. 1, ch. 38, of the 
Compiled Statutes, selectmen of towns may be chosen 
at any meeting of the town, legally called, when no 
choice was made at the annual meeting. But the war- 
rant calling the meeting must state the object for which 
it is called. 8 Foster B. 402. 

9. The powers, duties and liabilities of every officer 
so chosen shall be the same as if he were chosen at the 
annual meeting; and he may take up the business ap- 



OFFICERS, AND FILLING VACANCIES. 27 

pertaining to his office where his immediate predeces- 
sor left it^ and proceed to the full execution of the same. 
B. 8. ch. 36, sec. 2 ; G. S. ch. 38, sec. 2. 

10. When any town shall neglect or refuse to choose 
a collector of taxes, or to fill a vacancy in that office, 
or where any town shall, by vote, at their annual meet- 
ing, so direct, the selectmen may appoint a collector or 
collectors of taxes, whose powers, duties and liabilities 
shall be the same as those of collectors chosen by the 
town. B. S. ch, 36, sec. 3 ; C. S. ch. 38, sec. 3. 

10,(2. Where the appointment of a collector of taxes 
was made by a majority of the selectmen, it was held 
that the appointment was valid. 5 Foster B. 251. 

The sale of the office of collector is illegal, even if 
the same person is afterward elected. 7 N. H. B. 114. 

When an appointment of collector of taxes is made 
by the selectmen, since the passage of the Eevised Stat- 
utes, the appointment must be in writing and recorded. 
1 Foster B. 400. 

11. Every collector or constable shall, within six 
days after his election or appointment, give a bond, with 
sufficient sureties, to the acceptance of the town or of 
the selectmen, for the faithful performance of the duties 
of his office, and in default thereof the office shall be- 
come vacant. B. S. ch. 36, sec. 4 ; C. S. ch. 38, sec. 4. 

12. Every town may, at their annual meeting, de- 
termine, by vote or otherwise, the rate or amount of 
compensation to be allowed the collector of taxes for 
his services ; and whenever the selectmen shall appoint 
a collector, they shall make a \Arritten agreement as to 
such compensation, which shall be signed by the se- 
lectmen and collector. B. S. ch. 36, sec. 5 ; C. S. ch. 38, 
sec. 5. 

13. Any collector, being authorized by vote of the 
town, may appoint deputies, who shall be sworn, shall 
give bond to the satisfaction of the selectmen, and shall 
have the powers of collectors, and may be removed at 
the pleasure of the collector. B. S. ch. 45, sec. 19; 0. S. 
ch. 48, sec. 19. 

14. Whenever a vacancy shall occur in any town 
office, other than that of selectman, the selectmen may, 
in writing, appoint some suitable person to the office, 



28 CHOICE AND DUTIES OF TOWN 

who shall be sworn ; and his appointment, and a certif- 
icate of such oath being recorded in the records of the 
town, he shall have the powers, perform the duties, 
and be subject to the liabilities of such officer until 
another person shall be chosen and qualified ; and it 
shall be the duty of the selectmen, without delay, so to 
appoint a town-clerk, whenever a vacancy shall occur 
in that office. R. S. ch. 36, sec. 6; C. 3. ch. 38, sec. 6. 

15. The selectmen, being authorized by vote of the 
town, shall appoint a treasurer, within fourteen days 
after their election, and fix his compensation by a writ- 
ten contract. Such treasurer shall be sworn, shall give 
bonds for the faithful discharge of his duties, to the 
satisfaction of the selectmen, and shall hold his oflBlce 
during their pleasure. B. S. ch. 36, sec. 7 ; C. S. ch. 38, 
sec. 7. 

16. When an officer shall "become insane in the 
judgment of the town,'' a vote to that effect should be 
passed, declaring the ofSce vacant for that reason. 
The form may be thus : 

Votedj That A. B. has become insane, in the judg- 
ment of this town, and that the office of constable, held 
by him, be considered vacant. 

17. The Appointment of an Officer by the Se- 
lectmen may be in the form following : 

To S. M., of Amherst, in the County of Hillsborough. 

"Whereas there is a vacancy in the office of constable, 
in said town, and whereas we, the subscribers, have 
confidence in your ability and integrity to perform the 
duties of said office, Ave do hereby appoint you, the said 
S. M., a constable of said town ; and upon your taking 
the oath of office and having this appointment and the 
certificate of said oath of office recorded by the town- 
clerk, you shall have the powers, perform the duties, 
and be subject to the liabilities of such office, until 
another person shall be chosen and qualified in your 
stead. 

Given under our hands this fifteenth day of March, 
1858. C. F. G.) 

A. M. y Selectmen of Amherst. 
T. P. ) 



OFFICERS^ AND FILLING VACANCIES. 29 

18. The Form of a Bond to be given by an officer 
may be thus : 

Know all men by these presents^ that we^ A. B., of 

M., in the county of , as principal^ and C. D. and 

B. F., of said M., as sureties, are held and firmly bound 

unto the said town of M., in the sum of dollars ; 

to which payment, well and truly to be made, we bind 
ourselves, our heirs, executors and administrators, by 

these presents. Witness our hands and seals this 

day of , 18 — . 

The condition of this obligation is such, that whereas 

the said A. B. has been chosen a for said town for 

the year 1858 : Now, if the said A. B. shall well and 
faithfully perform all the duties of his said office, then 
this obligation to be void ; otherwise to remain in full 
force. 

Signed, sealed and delivered, P*"n* ) J \ 

in presence of us. );;'' ti' \^^^^') 

E. F. (seal.) 

19. All bonds given by town officers should be in a 
sum sufficient to cover all possible liabilities; should be 
signed by two or more sureties, to be approved by the 
town or by the selectmen, and be filed with the town- 
clerk. If the bond is approved by the town, the town- 
clerk may make a record thereof, thus : 

Votedj That the bond filed this day by A. B., consta- 
ble, be approved by the town. 

If approved by the selectmen, the Approval may be 
written on the back of the bond, as follows : 

N , March 16, 1858. This certifies that we are 

acquainted with G. D. and P. T., the sureties named in 
the within bond, and believe that they are able and suf- 
ficient to respond the penalty thereof: 

C. F. G.) 

A. M. V Selectme7i. 

C. F. P. ) 

19,a. A collector's bond approved by a majority of 
the selectmen, is sufficient. 4 Foster B. 251. 

20. The Agreement between the selectmen and a 
collector or treasurer may be in form as follows : 

Whereas ISJ". D., of H., in the county of M., has been 



30 CHOICE AND DUTIES OF TOWN 

appointed (or chosen, if the fact is so^) a — — of said 
town for the year : ISTow, it is hereby agreed be- 
tween G. D., P. L. and M. G., selectmen of said town, 
in behalf of said town, on the one part, and the said 
]Sr. D. on the other part, that the said IST. D. shall receive 
of said town, for his services in said office, the follow- 
ing compensation : 

Witness our hands, this day of ,18 — . 

(3c. D. 
P. L. 
M. G. 
N. D. 

21. Every record made by the town-clerk is made by 
him under the sanction of an oath. It should state all 
proceedings fully and truly, and should in all cases be 
signed by him and attested thus : '^ A true record. 
Attest : A. B., Town-Clerk of N.^^ If a paper is copied 
into the record book, it should be done carefully, and 
attested thus : ^^ A true copy of the original. Eeceived 
and recorded August 20, 1858, and examined. Attest: 
A. B., Town-Clerk of I^."" And a similar certificate 
should be put on the back of the original paper. " Au- 
gust 20, 1858. Eeceived and recorded vol. — , page — , 
of the records of the town of IsT., and examined by 
me, A. B., Town-Clerk of ISr 

21,a. Writing in pencil is not sufficient in public 
records, nor in papers to be used in proceedings in court 
which may become public records. 4 Foster B, 295. 

22. If the proceedings were correct, but there is a 
mistake in making the record, the town-clerk will in 
some cases be allowed to correct his record, so as to set 
it right. This may be done by order of court, when 
it is to be used as evidence in a suit in court, upon evi- 
dence of the truth of the amendment, or by order of 
the legislature. Such amendment must be made by the 
person who was in office when the proceedings were 
had ; but it is not necessary that he should hold the 
office at the time of making the amendment. The 
proper form of making such amendment is to draw out 
the amendment, and annex it, with the order of court 
allowing it, to the original record. No alteration or 



OFFICERS, AND FILLING VACANCIES. 81 

erasure of the original record should be made. 9 JSf, JS. 
E, 168; B. S.ch. 80, sec. 4; a S. ch. 31, sec. 4. 

23. A person claiming to be town-clerk, and alleged 
to have been elected on the second of March, cannot 
make a record of an adjournment of a former meeting 
to that day. 2 Pick. B. 397. 

24. Parol testimony that such former meeting was 
adjourned to the second of March, is not admissible; 
provable only by record. 2 Pick. B. 397. 

25. If any town-clerk shall make any false record, 
or a false copy of a record, he may be punished there- 
for by confinement to hard labor in the state prison 
not less than two nor more than five years. B, S. ch. 
217, sec. 18 ; C. S. ch. 231, sec. 18. 

26. If any town-clerk shall refuse to give a copy of 
any record or paper filed in his office, he is liable to a 
penalty of thirty dollars. 

27. The fees of town-clerks are as follows: 

For every page of a copy, estimating 224 words as a 
page, 12 J cents; 

For every part less than a page, 8 cents ; 

For a certificate on a copy, 10 cents ; 

For recording mortgages and contracts, the same 
fees as for a copy ; 

For every certificate thereon, 4 cents ; 

For discharging a mortgage, 17 cents ; 

For examining records, 20 cents an hour. B. S. ch. 
229, sees. 3, 18, 19 ; C. S. ch. 245, sees. 3, 17, 18. If he 
takes greater fees, he is liable to a fine of fifty dollars. 
B. 8. ch. 229, sec. 27; C. S. ch. 245, sec. 25. 

28. When an authority is given by law to three or 
more persons, it may in general be executed by a ma- 
jority of them. If the authority is given by individu- 
als, or a corporation, in order to bind the principal, all 
must act. 7 JV. H. B. 253. 

29. All words (used in a statute) purporting to give 
a joint authority to three or more public officers, shall 
be construed as giving such authority to a majority of 
them, unless otherwise expressly declared. B. S. ch. 1, 
sec. 13 ; C. S. cli. 1, sec. 13. 

30. Selectmen are not responsible for the misconduct 
of surveyors, collectors, or other officers to whom war- 



6^ CHOICE AND DUTIES OF TOWN 

rants are directed, nor are collectors responsible except 
for their own illegal proceedings. 3 JV. H. B, 513; 8 
Foster R 402; B. S. ch. 45, sec. 16; 0. S. ch, 48, sec. 16; 
seCy also, ch. 21, sec. 14. But surveyors may be so liable. 
3 N. H. B. 516. 

31. The word '^ selectmen '^ (when used in a statute) 
may be construed to mean the selectmen of the town 
to which the subject matter to be acted on belongs, or 
in which it is situate. B. S. ch. 1, sec. 23; G. S. ch.ly 
sec. 23. 

32. When an officer or board is named by their offi- 
cial title, in any statute, such designation may be con- 
strued to apply to the officer or board of the town, or 
district within and for which they are qualified to act 
in such capacity. B. S. ch. 1, sec. 24 ; C. S. ch. 1, sec. 24. 

33. Selectmen are general agents for towns, in re- 
spect to pecuniary matters ; and, unless restrained by 
a special vote, are warranted in paying any existing 
debts of the town which are of a nature requiring im- 
mediate payment — 2 N. H. B. 251. They may bind 
the town by note for the support of a pauper — 7 N. H. 
B. 298; and w^aive notice of the sums expended — 3 
N. H. B. 38 ; or employ counsel — 14 Maine B. 20. 

Selectmen have not, by their general power to man- 
age the prudential affairs of a town, authority to re- 
lease, without consideration, a cause of action in favor 
of the town. 

They have not, by such general power, authority to 
release a witness who is liable over to the town, in case 
of judgment recovered against the tow^n. Such author- 
ity should be given by vote of the town. 2 Foster B. 559. 

Where a town was prosecuted for damages for w^ant 
of repair of a road, the selectmen cannot, by their gen- 
eral power, release the liability of the surveyor to the 
town, so as to make him a witness in the case. There 
must be a vote of the town granting the poAver, before 
such a release could be legally executed. Ihid. 

Selectmen will not be protected by vote of the town, 
if that vote is illegal. 10 N. H. B. 133. So with other 
officers. 

It is doubtful if one selectman can authorize another 
to sign his name to a contract, so as to make it binding 



OFFICERS, AND FILLING VACANCIES. 33 

in any case. He certainly cannot do so in his absence, 
and without his express consent. 1*^0 assent will be 
presumed. 10 iV. H. B.S6; 7 ditto 305. 

The person so signing may make himself personally 
liable. Ibid. ; 9 JSf. JET. B. 55. This is so with other 
officers. Town officers, when they cease to be inhabit- 
ants of a town, cease to be officers also. 1 Pick, B, 
129, cUed 10 N. H. B, 573. 

If an officer neglects or refuses to perform any duty 
imposed on him by law ; as, if an overseer of the poor 
neglects, after notice, to assist a pauper, he will gen- 
erally be liable to indictment, or to an action for dam- 
ages. 10 iV. R. B. 352. 

Selectmen may bind the town to indemnify a col- 
lector from the consequences of his official acts. 12 
N. JT. B. 278. 

Selectmen are not personally liable, upon an agree- 
ment made by them in behalf of the town, in relation 
to a matter within their authority. 3 iV". JBT. ^. 38 ; 
but if he makes a personal promise, he will be liable. 
9 N. H. B. 55. 

34. An agent, appointed by a vote of the town for a 
particular purpose, can do no act which is not author- 
ized by such vote. 9 W. H. B. 263. 

If several persons are appointed agents, or a com- 
mittee, all must act, unless the authority is expressly 
given to a majority. 7 iV. H. B. 253. 

35. It is an incorrect practice in towns, to set up 
the office of collector at auction. 6 iV. S. B. 183. A 
proper choice should be made by the town, and the 
compensation be fixed by the town, or left to be settled 
by the selectmen. Ibid. ; 7 N. H. B, 114. 

36. JSTo person shall be compelled to serve in any 
town office two years successively, nor shall any person 
in any case be compelled to serve as a collector of taxes. 
B, S. ch. 35, sec. 9 ; 0. S. ch. 37, sec. 9. 

37. The form of the record of the choice of officers 
may be found under chapter 16. 

38. The other powers and duties of town officers may 
be found under their appropriate titles. 



3* 



CHAPTER 5. 



OF THE OATHS OF TOWN OFFICERS. 



9. Certificate of oaths recorded. 

1 0. Record of oath, when sufficient . 

11. Form of notice. 

12. Form of return thereon. 

13. Form of record of oath. 

14. " Oath" includes affirmation. 

15. Form of affirmation. 



1. Of oath of office, how taken. 

2. All officers must be sworn. 

3. Form of oath. 

4. Notice to take oath in meeting. 

5. Notice, if officer not present. 

6. Neglect of constable, penalty. 

7. Neglect to take oath, penalty. 

8. Penalty, when excused. 

1. Every town officer shall take the oath of office by 
law prescribed, before the moderator, the town-clerk, 
one of the selectmen, or a justice of the peace, who 
are hereby authorized to administer such oath. B. S. 
ch. 35, sec 1 ; G. S. ch, 37, sec, 1. 

2. 'No person, chosen or appointed to any public of- 
fice under any law of this State, shall exercise such 
office, or shall perform any act therein, until he shall 
have taken the oath of office therefor. B. S. ch. 15, 
sec. 4; C. S. ch. 15, sec. 4. The moderator must be 
sworn, or the meeting is illegal. 7 W. H. B. 114. So 
the collector must be sworn, or his acts are illegal — 6 
N. H. B. 182 ; and the record must so state. 

3. The Form of the Oath to be administered to town 
officers shall be : B. S. ch. 35, sec. 2 ; C. S. ch. 37, sec. 2. 

'^ You do solemnly swear that you will faithfully and 
impartially discharge and perform all the duties incum- 
bent on you as a , according to the best of your abil- 
ities, agreeably to the rules and regulations of the con- 
stitution and laws of the State of New-Hampshire ; s.o 

HELP YOU GOD.^' 

4. Any person chosen to any office may be notified 
by the moderator, town-clerk, or one of the selectmen, 
in open meeting, to take the oath of office ; and such 
person, if present, shall immediately, in open meeting, 
take such oath, or declare his refusal ; and any person 
so chosen and notified, (not exempt from serving in 
such office,) who shall neglect or refuse for one hour to 
take such oath, shall incur a penalty of five dollars, one 



OF THE OATHS OF TOWN OFFICERS. 35 

half for the use of the town, the other half for the use 
of any person who will sue for the same. jB. S, ch. 35, 
sec. 3 ; C. S. ch. 37, sec. 3. 

5. The town-clerk shall forthwith, after the choice of 
any town officer, hy a precept under his hand, direct a 
constable to notify the persons so chosen, whose names, 
and the offices to which they are so chosen, shall be des- 
ignated therein, to appear before him within six days 
from the day of the notice given, and take the oath by 
law prescribed; and the constable shall, within four 
days, give personal notice to the persons therein named, 
or leave a notice in writing at the usual place of abode 
of each of them, and make return of such precept, and 
his doings therein, to such town-clerk wdthin ten days. 
R. S. ch. 35, sec. 4 ; C. S. ch. 37, sec. 4. 

6. Any constable, neglecting his duty in any of the 
foregoing particulars, shall incur a penalty of five dol- 
lars, one half to the use of the town, the other half to 
the use of the person who w^ill sue for the same. B. S. 
ch. 35, sec. 5; C. S. ch. 37, sec. 5. 

7. Every person, so chosen and notified, not by law 
exempt from serving therein, who shall neglect, for six 
days after personal notice, or after notice left at his 
usual place of abode, or after his return, in case he was 
absent when such notice was left, to appear before said 
town-clerk and take such oath, shall incur a penalty of 
five dollars, to be recovered and appropriated as in the 
preceding section. B. S. cA. 35, sec. 6; G. S. ch. 37, 
sec. 6. 

8. Any person, so chosen and notified, who shall take 
the oath of office before one of the selectmen, or a 
justice of the peace, and file a certificate thereof with 
the town-clerk within said six days, shall be exempted 
from said penalty. B. S. ch. 35, sec. 7 -, C. S. ch. 37, 
sec. 7. 

9. The town-clerk shall make a record of every oath 
of a town officer taken in open town meeting, at the 
time of the election, and of every such oath taken be- 
fore him at any other time and place, the import of 
which record may be that the officer took the oath of 
office prescribed by law; and he shall record and keep 



36 OF THE OATHS OP TOWN OFFICERS. 

on file every certificate filed with him pursnant to the 
preceding section. R. S. ch. 35, sec. 8; C\ S.ch. ^7,sec. 8. 
The certificate should be recorded, certified and filed as 
in ch, 4, sec. 21. 

10. A record of an oath, ^^ sworn into office/' is insuf- 
ficient. 6 JSr. R. E. 182. So, also, " Qualified by P. 
Chase, Bsq.'^ 9 JSf. H. B. 170. So, also, '' Qualified by 
J. C. Clement'^ is not evidence that they took the oath 
of office according to the statute. 1 Foster B. 400. 

11. The Form of the Precept, issued by the town- 
clerk to notify officers to take the oath of office, may 
be as follows : 

To S. M.y one of the Constables of the Town of N, 

The following is a list of the persons who were this 
day chosen into office at a meeting of the inhabitants 
of said town, and of whom an oath is by law required, 
and of the offices to which they were respectively 
chosen : viz., 

A. B., 0. D., E. P., surveyors of highways; 

jN". B., p. D., constables, &c., &c. 

You are hereby required, in the name of the State of 
New-Hampshire, within four days from the date hereof, 
to give personal notice to each person above named, or 
to leave a notice in writing at his usual place of abode, 
to appear before me within six days from the time you 
shall give such notice, and take the oath of office by 
law prescribed. 

Hereof fail not, and make return of this precept, and 
of your doings therein, to me, within ten days from the 
date hereof G-iven under my hand this tenth day of 
March, in the year 1858. 

G. M., Town-Clerk of JST. 

12. The PoRM OF THE Constable's Eeturn on the 
back of such precept may be as follows : 

N , March 16, 1858. Agreeably to the within 

precept, I have this day notified A. B., C. D. andN. B., 
to appear and take the oath of office as herein directed, 
by reading to A. B. this warrant, and by leaving an 
attested copy of this warrant at the usual place of 
abode of CD. and N. B. 

S. M., Constable of JST. 



OP THE OATHS OP TOWN OPPICERS. 37 

13. The Eecord of the Oath of Office should state 
the day on which the oath was administeredj and should 
be signed by the person who administered the oath, 
unless administered in open meeting, thus : 

W — — , March 16, 1858. Personally appeared A. B., 
surveyor of highways, and N. B., constable, and sev- 
erally took the oath of office by law prescribed : before 
me, 

E. P., Selectman of iV. 

A copy of the certificate should be entered in full in 
the town records, and certified by the town-clerk. Ee- 
ceived March 16, 1858, and recorded according to the 
original, and examined by me. Attest : A. B., Town- 
Clerk of ]Sr. The certificate filed in a similar manner : 
March 16, 1858. Eeceived : recorded, vol. — ; page — , of 
the town records of N., and examined by me, A. B., 
Town-Clerk of N. The original certificate should also 
be carefully preserved with the town records. 

If the oath is administered in open meeting, the 
record may be thus : 

Chose A. B. surveyor of highways, who, being pres- 
ent, took the oath of ofiice by law prescribed. 

14. The word '' oath'' shall be construed to include 
^' affirmations/' in all cases where an affirmation may 
be substituted for an oath, and in like cases the word 
^' sworn" shall be construed to include the word ^' af- 
firmed." B. S, ch. 1, sec. 20 ; C. S. eh. 1, sec. 20. 

15. If any person is conscientiously scrupulous of 
swearing, the word "affirm" may be substituted for 
" swear," in the form of the oath, and the words " this 
you do under the pains and penalties of perjury," 
instead of " so help you God." Such affirmation shall 
for all purposes be and constitute an oath. B. S. ch. 
15, sec. 5 ; C. S. ch. 15, sec. 5. 



CHAPTER 6. 



OF TOWN LINES. 



1. Perambulation of lines. 

2. Return, how made and record- 

ed. 

3. Notice, how given. 

4. Penalty for neglect. 

5. If towns disagree, proceedings. 
5,a. Notice to towns. 

5,6. Costs, how divided. 

6. Westerly line of State. 

6,a. Lines of towns on Merrimack 

river. 
6,6. Lines on lakes and ponds. 

7. Form of notice. 

8. Form of appointment of an 

agent to perambulate. 



9. Form of return of perambula- 
tion by selectmen. 

10. Form of return of perambula- 
tion by agent. 

11. Record, how made. 

12. Form of petition on disagree- 
ment. 

13. The duty of unincorporated 
places, 

14. Powers of selectmen and 
court. 

15. Mistake in lines, how correct- 
ed. 

16. Legislature may alter lines. 

17. Removal of boundaries of 
towns, penalty. 

1. The lines between the towns in this State shall be 
perambulated, and the marks and bounds renewed, 
once in every seven years forever, by the selectmen of 
such towns, or by such persons as they shall in writing 
appoint for that purpose. R. S. ch. 37, sec. 2 ; C. S. ch. 
39, sec. 2. 

2. A return of such perambulation shall be made, 
particularly describing the courses and distances, and 
the marks and monuments of such lines ; which shall 
be signed by the selectmen, or persons making the 
same, and recorded in the respective town books. B. S. 
ch. 37, sec. 3 ; C. S. ch. 39, sec, 3. 

3. The selectmen of the town first incorporated, or 
if both were incorporated on the same day, of the town 
which is highest in the proportion of public taxes, shall 
give to the selectmen of the town adjoining, notice of 
the time and place of meeting for such perambulation, 
ten days before the day of meeting. B. S. ch. 37, sec. 
4; as. ch. 39, sec. 4. 

4. If the selectmen whose duty it is to give such no- 
tice shall neglect to notify as aforesaid, or shall neglect 
to attend agreeably to such notice ; or if the selectmen 
of any town, after being duly notified, shall neglect to 



OF TOWN LINES. 39 

attend; or if any selectmen shall neglect to cause a 
record of such perambulation to be made and recorded 
as aforesaid, each selectman so neglecting shall forfeit 
twenty dollars, one half for the use of the town whose 
selectmen have done their duty, and the other half to 
the use of such of said selectmen as shall sue for the 
same. R, S, ch. 37, sec. 5 ; C. S, ch. 39, sec, 5. 

5. When the selectmen of adjoining towns shall dis- 
agree in renewing and establishing the lines and bounds 
of such towns, the court of common pleas for the county 
in w^hich the town first incorporated, or (if both were 
incorporated on the same day) paying the highest tax 
as aforesaid, is situate, upon petition and after notice 
to the other town interested, shall, by themselves or 
by a committee for that purpose, examine said disputed 
lines, and their decision thereon shall be final, and the 
court may order either or both towns to pay the costs, 
as they may think just. JR. S. ch. 37, sec. 6 ; C. S. ch. 
39, sec. 6. 

5,a. On a petition, by a town, to perambulate and 
establish a line between that and the adjoining town, 
no one is entitled to notice of the pendency of the pe- 
tition and of the hearing before the committee, except 
the opposing town. 3 Foster B. 188. 

5,6. In proceedings under sec. 6, ch. 37, of the Revised 
Statutes, for establishing town lines, by a committee 
appointed by the court, as a general rule the costs 
attending the proceedings will be equally divided. But 
if the objections made to the perambulation, by the 
selectmen of one of the towns, were frivolous and un- 
founded, the court would order such town to pay all 
the costs. 5 Foster B. 225. 

6. The northerly and southerly lines of tow^ns ad- 
joining Connecticut river are continued and extended 
across said river to the westerly line of the State, and 
the west line of the State is declared to be the western 
boundary of such towns. B. S. ch. 37, sec. 1 ; C. S. ch. 
39, sec. 1. 

Q^a. The line of towns adjoining the Merrimack river, 
when they are bounded by the river, is the center of 
the river, measuring from bank to bank. 3 Foster B. 188. 

Where the town is bounded on a lake or other large 



40 OF TOWN LINES. 

body of standing fresli water, the boundary is at the 
water's edge — 9 JST, H. R. 461; 14 N, H. R, 467. In 
Maine at the margin of the lake. 1 Shep. R. 198. 

7. The ISToTiCE to Selectmen for the perambulation^ 
may be thus : 

The Selectmen of the Town of M., to the Selectmen of the 
Town of P. 

G-entlemen : — The subscribers, selectmen of said M., 
being the most ancient of said towns, hereby give you 

notice to meet at , on the day of , at 

of the clock in the noon, for the purpose of peram- 
bulating and running the lines between said towns, and 
renewing the marks and bounds, according to the law 
of the State ; at which time and place, and for which 
purpose, you are hereby requested to attend. 

Dated at said M., this day of , 18 — . 

A. B.) 

C. D. y Selectmen of N. 
E. P. ) 

8.. The Appointment of an Agent to perambulate 
the lines, may be as follows : 

To S. X., of M. 

We, the subscribers, selectmen of the town of M., by 
virtue of the law of this State do hereby appoint you 
to perambulate and run the dividing lines between said 
town and the town of P., and renew the marks and 
bounds thereon ; and you are to make return of your 
proceedings into the office of the town-clerk of said M., 
as soon as you have completed this service. 

Given under our hands, this day of ,18 — . 

A. B.^ 

C. D. [ Selectmen of M. 
E. P.) 

9. The Eeturn of such Perambulation may be as 
follows : 

Agreeably to a notice given to the town of M., by 

the town of P., to meet at , on the day of 

, at of the clock in the noon, for the 



OF TOWN LINES. 41 

purpose of perambulating and running the lines be- 
tween said towns^ and renewing the marks and bounds, 
according to law, we, the subscribers, selectmen of said 
towns, met at the time and place, and for the purpose 
aforesaid, and do make the following return of our 
doings :• 

We began at the northeast corner of said M., and the 
northwest corner of said P., at a stone monument 
marked M. and P., which is established as the corner 
bound ; the line then runs south ten degrees west, five 
hundred and twenty rods, to a large rock, marked also 
M. and P., &c., &c. 

In witness whereof we have hereunto mutually set 

our hands, this day of , A. D. 18 — . 

A. D., C. D., F. F., Selectmen of M. 
Gr. H., I. K., L. M., Selectmen of P. 

10. If the perambulation is made by an agent, the 
return may be as follows : striking out the words 
^^ Selectmen of said towns,^^ and inserting instead — 
The selectmen of said M., on the one part, and G-. H., 
duly appointed an agent for said P., on the other part. 

11. The appointment of an agent, if any, and the re- 
turn of the perambulation, should be recorded in the 
record book of each town, and the town-clerk should 
certify at the bottom of each : ^^ A true copy of the 
original. Attest : E. M., Town-Clerk.'' 

August — , 1858. Eeceived and recorded accord- 
ing to the original, and examined. Attest : E. M., 
Town-Clerk. The original return should be indorsed, 
August — , 1858. Eeceived and recorded in the records 
of the town of P., vol. — ;, page — , and examined. 
E. M., Town-Clerk of P. The original should be kept 
on file with the other town papers. 

12. If the parties disagree about the line, the Form 
OF A Petition to the Court of Common Pleas may be 
as follows : 

To the Honorable Justices of the Court of Common FleaSy 
to he holden at Exeter, in and for the County of Rock- 

ingham, on the Tuesday of next. 

Eespectfully represent the subscribers, selectmen of 

the town of M., in said county, that on the day of 



42 



OF TOWN LINES. 



, last past, pursuant to notice previously given, they 

met the selectmen of the town of P., in said county, 
for the purpose of perambulating the lines between 
said towns, and renewing the marks and bounds there- 
on ; but that on such perambulation the said parties did 
and do still disagree in renewing and establishing the 
lines and bounds of said towns : Wherefore your peti- 
tioners request your Honors to establish said disputed 
lineS; and renew the marks and bounds thereon. 

A. B., C. D., B. F., Selectmen of M. 

13. The duty of perambulating lines extends to un- 
incorporated places. JR. S, ch. 38, sec. 1 ; 0. S. ch. 40, 
sec. 1. 

14. Selectmen have no authority to alter the lines of 
towns, nor has the court of common pleas, but only to 
agree or decide where the existing line is ; and such 
agreement or decision will be conclusive on the subject. 
3 W. B, R. 265. 

15. A mistake in the charter of a township respect- 
ing a line, cannot be corrected by a court of law in a 
suit between such town and an individual. 5 N. H. 
B. 280. 

16. The legislature may determine or alter the lines 
of towns, at pleasure. 5 N. H. R. 280 ) '^ N. H. R. 532. 

17. If any person shall willfully and maliciously re- 
move or alter any boundary of lands, or deface, alter, 
or remove any mark upon any tree or other monument 
made for the purpose of designating any point, corner, 
or line in the boundary of any lot, or tract of land, or 
dividing line between any tow^ns or incorporated places 
in this State, such persons shall be punished by a fine, 
not exceeding twenty dollars, or by imprisonment in 
the common jail, not exceeding six months, or by such 
fine and imprisonment both. Laws 1858, ch. 2105. 



CHAPTER 7. 



OF PROPKIETARY RECORDS. 



1. If no proprietors' clerk, records 

to be deposited with town- 
clerks. 

2. If lands lie in more than one 

town, where deposited. 

3. When propriety dissolved. 

4. Town may recall, when. 



5. Penalty for retaining records. 

6. Copies, how certified. 

7. Effect of such copies. 

8. Pees for copies. 

9. Penalty for not making copies. 
10. Penalty for destroying rec- 
ords. 



1. If in any town, having fifty families or more set- 
tled therein, there is no clerk of the proprietors of the 
common lands lying in such town, residing therein, the 
town-clerk thereof shall demand and receive the pro- 
prietary records of any person having the possession 
thereof, and shall keep the same with the records of 
such town ; and any person having possession thereof 
shall deliver the same to such town-clerk. J?. S, ch, 
143, sec. 17; 0, S. ch. 151, sec. 17. 

2. If such proprietary records relate to lands lying 
in more towns than one, they shall be deposited in the 
office of the town-clerk of the town first incorporated, 
or in the office of the secretary of state. JR. S. ch, 143, 
sec. 18 ; C. S. ch. 151, sec. 18. 

3. When the propriety of any town in this State is 
dissolved, or when the meeting of the proprietors of 
any common and undivided lands shall be dissolved, and 
the clerk thereof shall resign, decease, or become inca- 
pacitated, any person (the town-clerk of any town hav- 
ing fifty or more families excepted) having in his pos- 
session any record or document appertaining to such 
propriety, shall file and deposit it with the secretary of 
state, who may demand and receive the same. E, S. 
ch. 143, sec, 19 ; C. S. ch. 151, sec. 19. 

4. Whenever there shall be fifty families in any such 
town, and such town shall vote that the town-clerk 
shall keep such records and documents, or whenever the 
proprietors shall duly appoint a clerk thereof, the sec- 
retary shall deliver to such town-clerk, or proprietors' 
clerk, on demand, the records and documents to him 



44 OF PROPRIETARY RECORDS. 

belonging, taking his receipt therefor. E, S. ch. 143, 
sec. 20 ; C. S. ch. 151, sec. 20. 

5. If any person shall willfully retain or keep any 
records or documents appertaining to the propriety of 
any common and undivided lands, contrary to the pro- 
visions of the four preceding sections, he shall forfeit for 
each ofPence one hundred dollars, to the use of any per- 
son who will sue therefor, or be punished by fine not 
exceeding five hundred dollars, i?. S. ch, 143, sec. 21 ; 
C. S. ch. 151, sec. 21. 

6. "While the records and documents aforesaid are in 
the possession of the secretary of state, or of any 
town-clerk, he shall make out, certify and deliver copies 
of any part thereof, when thereto required, upon the 
payment or tender of the legal fees therefor. E. S. ch. 
143, sec. 22 ; C. &\ ch. 151, sec. 22. 

7. All copies of the records and documents aforesaid, 
when made and certified as aforesaid, shall be as effect- 
ual to all intents and purposes as copies by other cer- 
tifying ofiicers. E. S. ch. 143, sec. 23 ; G. S. ch. 151, 
sec. 23. 

8. The fees for any copies aforesaid shall be the same 
as are hy law allowed to clerks of the court of com- 
mon pleas for copies. E. S. ch. 143, sec. 24 ; 0. S. ch. 
151, sec. 24. 

9. If the secretary of state, or any town or proprie- 
tors' clerk, shall refuse or neglect, within a reasonable 
time after the payment or tender of his fees therefor, 
to make out, certify and deliver to any person a copy 
of any such record or document in his possession, he shall 
forfeit one hundred dollars to any person who will sue 
therefor, and be liable for all damages sustained by 
such neglect or refusal. E. S. ch. 143, sec. 25 ; 0. S. ch, 
151, sec. 25. 

10. If any person shall willfully destroy any proprie- 
tary record or document, or shall aid therein, or shall 
carry or aid in carrying any such record or document 
out of this State, he shall be liable for all damages sus- 
tained to any person injured thereby, and such offence 
shall be a misdemeanor, for w^hich the offender may be 
indicted and punished accordingly. E. S. ch. 143, sec. 
26; 0. S. ch. Ul^sec. 26. 



CHAPTER 8. 



OF ACTIONS BY AND AGAINST TOWNS. 



9. If not paid within sixty days, 
remedy. 

10. Contribution, who entitled to. 

11. Powers of selectmen. 

12. Suits for penalty by towns. 

13. May be tried before any jus- 

tice. 

14. Inhabitants may be witnesses. 

15. Fines to be paid over. 

16. Sheriff's not disqualified. 



1. Towns are bodies corporate. 

2. Service on town, how made. 

3. Trustee process, liable to. 

4. Thirty days' notice given. 

5. Property of town liable. 

6. If no property found, copy of 

execution to be left with se- 
lectmen. 

7. Selectmen to assess tax there- 

for. 

8. Neglect of collector, penalty. 

1. The inhabitants of every town in this State are a 
body politic and corporate, and by their corporate 
name may sue and be sued, prosecute and defend in 
any court or elsewhere. R. S. ch. 31, sec. 1 ; C. S. ch, 
32, sec. 1. 

2. Any writ or mesne process against any town may 
be served by giving to the town-clerk, if any there be, 
or leaving at his usual place of abode, an attested copy 
of the writ, and by giving to one of the selectmen, if 
any there be, or leaving at his usual place of abode, a 
like copy; or if there be no town-clerk or selectmen, 
by giving such copy to one of the principal inhabitants, 
or leaving the same at his usual place of abode. R. S. 
ch. 183, sec. 8 ; C. S. ch. 194, sec. 10. 

3. Any corporation may be summoned as trustee, 
and may appear and answer by its treasurer, cashier, 
or other of^cer or officers, as such corporation shall ap- 
point or the court shall direct, and the examination on 
oath of such officers shall be deemed to be the answer 
of the corporation. R. S. ch. 208, sec. 23 ; C. S. ch. 221, 
sec. 23. Of course, towns may be trusteed, and ordi- 
narily the selectmen are the proper persons to answer; 
but the treasurer, overseers of the poor, road agents, 
or other officers who have personal knowledge of the 
facts, may be required to make the disclosure. 

4. Thirty days' notice of any suit is to be given to 
the town. R. S. ch. 183, sec. 1 : 0. S. ch. 194, sec. 1. 



46 OF ACTIONS BY AND AGAINST TOWNS. 

5. The goods and estate of towns may be taken on 
execution, and appraised or sold, in the same manner 
as the property of other corporations. R. S. ch. 198, 
sec. 1; C. jS. ch. 211, sec. 1. 

6. If no such goods or estate are found, an attested 
copy of the execution shall be left with one of the se- 
lectmen. E. jS. ch. 198, sec. 2; C. S. ch. 211, sec. 2. 

7. The selectmen, upon such copy being so left, shall 
assess the inhabitants of such town in a sum sufiicient 
to satisfy such execution and costs, and collect the 
same by a collector by them appointed, within thirty 
days after. E. S. ch. 198, sec. 3 ; G. S. ch. 211, sec. 3. 

8. If the collector to whom any warrant or list of 
taxes shall be committed under this act, shall neglect 
to collect and pay over such taxes to the selectmen, 
within thirty days after he shall receive the same, the 
selectmen may issue an extent against him. Ibid., sec. 
4; C. S. ch. 211, sec. 4c. 

9. If such execution shall not be satisfied within sixty 
days after a copy of such execution is left as aforesaid, 
such execution may be levied upon the goods and 
chattels of the selectmen ; and, if they are insufiicient, 
upon the property of any inhabitant of such town, or 
owner of property situate therein. Ibid.j sec. 5 ; C. S. 
ch. 211, sec. 5. 

10. Every person, upon whose property an execu- 
tion against any town has been levied, shall have con- 
tribution against the other inhabitants or owners of 
property therein, for the sums so levied, and for dama- 
ges, and shall recover double costs. Ibid., sec. 6 ; C. S. 
ch. 211, sec. 6. 

11. Selectmen are general agents for the town, as to 
pecuniary matters ; and, unless restricted by a special 
vote, may pay any existing debts of the town, which 
are of a nature requiring immediate payment — 2 JV. H. 
R. 251. They may bind the town by note for the sup- 
port of a pauper, whether a suit is commenced or not 
— 7 N. H. R. 298 ; may waive notice of the sums ex- 
pended by another town — 3 N. H. R. 38 ; may employ 
counsel — 14 Maine R. 20^ and commence or settle 
suits for the town, unless an agent is appointed for the 
purpose. 



OP ACTIONS BY AND AGAINST TOWNS. 47 

But they cannot release a cause of action in favor of 
the town, without consideration. 2 Foster R, 559. 

Nor release a witness who is liable over to the town 
in case of judgment against the town^ without a vote 
of the town. Ibid, 

Where a town was prosecuted for damages for want 
of repair of a road, the selectmen cannot release the 
liability of the surveyor to the town, so as to make him 
a witness, without a vote of the town. Ibid. 

12. When any penalty or forfeiture, or any part 
thereof, is given to any town by any penal statute, the 
selectmen may sue therefor in the name of the town 
which shall be entitled to the benefit, and shall defray 
the expenses of such prosecution, or the selectmen may 
remit any such penalty or forfeiture. R. S. ch. 211, 
sec. 11; 0. S.ch. 224, sec. 11. 

13. Any such prosecution may be brought and tried 
before any justice of the peace of the town, notwith- 
standing the penalty, or a part of it, mav belong to 
such town. R. S. ch. 211, sec. 6 ; C. S. ch. 224, sec. 6. 

14. Inhabitants of the town are not disqualified from 
being witnesses in any action in favor of or against 
such town. 1 W. H. R. 275 -, % N. H. R. 164 ; R. S. ch. 
188, sec. 12 ; C. S. ch. 200, sec. 12. 

15. Every justice shall pay over to the town to 
whom any fine or forfeiture belongs, every such fine or 
forfeiture by him received, within six months after the 
receipt of the same, on penalty of paying double the 
amount. R. S. ch. 222, sec. 11 ; C. S. ch. 237, sec. 11. 

16. No sheriff or deputy sheriff shall be disqualified 
from serving any writ or precept in which any town 
or other corporation is a party, by reason of such sher- 
iff or deputy being a citizen of such town or a member 
of such corporation. Laws, 1844, ch. 140, sec. 5 ; C. S. 
ch. 189, sec. 32. 



TITLE II. 



OF THE ELECTION OF STATE AND COUNTY 
OFFICEES. 

Chapter 9. Of the rights and qualifications of voters. 

Chapter 10. Of the manner of conducting elections. 

Chapter 11. Of the election of governor, counsellors 
and senators. 

Chapter 12. Of the election of representatives in con- 
gress. 

Chapter 13. Of the election of electors of president 
and vice-president. 

Chapter 14. Of the election of county officers. 

Chapter 15. Of the election of representatives to the 
general court. 

Chapter 16. General provisions concerning elections. 

Chapter 16;A. Of contested elections. 



CHAPTER 9. 



OF THE EIGHTS AND QUALIFICATIONS OF VOTERS. 



1 . Who is a legal voter. 

2. Who is deemed a pauper. 

2,6. Voters, when not to be de- 
prived of right. 

3. Alien cannot vote. 

4. Residence, how long required. 

5. Not lost by temporary ab- 

sence. 



5,6. Lost by residence in another 
State. 

7. Rights of voters. 

8. "Home" — what constitutes. 

9. *Tauper" — what constitutes. 

10. Computation of time. 

11. " Temporary absence,'* what. 

12. "Home," what constitutes. 



QUALIFICATIONS OF VOTERS. 49 



21. If papers not genuine, not to 

be recorded. 

22. Not to take away right to vote, 

when persons have voted 
prior to 1855. 

23. Selectmen to be in session to 

receive papers. 

24. Notice of session to be given. 

25. Negroes declared to be citi- 

zens. 
^6. To have the right to vote. 



13. Same subject. 

14. Intention of voter. 

15. '* Pauper/' when. 

16. " Home," evidence of. 

17. "Aliens," who are not. 

18. Naturalization papers to be 

produced 30 days before 
election, to selectmen. 

19. Naturalization papers to be 

recorded. 

20. Naturalized citizens to have 

the right to vote, when. 

1. Every male inhabitant of each town, being a na- 
tive or naturalized citizen of the United States, of the 
age of twenty-one years and upwards, excepting pau- 
pers and persons excused from paying taxes at their 
own request, shall have a right, at any meeting, to vote 
in the town in which he dwells and has his home. 
E, S. ch. 24, see, 1 ; C. S. eh. 25, see. 1. 

2. No person shall be considered a pauper, within the 
meaning of the preceding section, unless he has been 
assisted as such within ninety days prior to the meet- 
ing in which he claims the right to vote. Ibid., see. 2 ; 
C. S. eh. 25, see. 2. 

2jb. No legal voter in any town or place shall be 
deprived of his right to vote at any town meeting, by 
reason of requesting or having requested that his taxes 
might be abated or remitted, or by reason of the abate- 
ment or remission of his taxes, provided he shall, before 
he oifers to vote, tender the payment of all taxes 
assessed against him during the year prior to his offer 
to vote, to the moderator, collector of taxes, or one of 
the selectmen, and at the time he offers to vote present 
the evidence of such tender. Laws 1847, ch. 492, sec. 
2; C. S.ch.2b,sec. 3. 

No person shall be deprived of the right to vote at 
any town meeting by reason of having received assist- 
ance from the town, for himself or his family, provided 
he shall tender payment as aforesaid of all reasonable 
expenses which such town has incurred, within ninety 
days, by reason of such assistance ; but such person 
upon making such tender shall have his name placed 
upon the check-list, and his vote shall be received. 
Laws 1847, ch. 492, sec. 3 ; C. S. ch. 25, sec. 4. 
4 



50 OF THE RIGHTS AND 

3. 'No alien shall be entitled to vote at any town meet- 
ing. R S. ch, 24:, sec, 3 ; G. S. ch. 25, sec. 5. 

An individual, whose father appears to have been a 
resident in this country, and to have married and had 
children born here, is presumed to be a citizen, although 
he himself was born subsequently to his father's re- 
moval to a foreign country, there being nothing else to 
show his father to have been an alien. 12 JV. H. M. 362. 

4. No person shall be considered as dwelling or hav- 
ing his home in any town, for the purpose of voting 
or being voted for at any meeting therein, unless he 
shall have resided within this State six months, and 
within such town three months next preceding the day 
of said meeting. R. S. ch. 24, sec. 4; C. S. ch. 2b, sec. 6. 

5. When such a residence is acquired by any person 
in any town, it shall not be interrupted or lost by a 
temporary absence therefrom, with the intention of re- 
turning thereto as his home. Ibid., sec. 5 ; C. S. ch. 25, 
sec. 7. 

5,^. Any person who shall exercise the privilege of 
voting at any election in any town or place within this 
or any other State, shall be deemed by that act to have 
elected such town or place to be his legal residence for 
the purpose of voting, and shall thereafter be disquali- 
fied to vote in any other town or place in this State, 
until he shall have gained a new residence as is herein 
before provided. Laws 1849, ch. 850 ; C. 8. ch. 25, sec. 8. 

7. Every person, qualified as provided in section 1 
of this chapter, may vote for governor — Constitution of 
N. JS., sec. 1^1 ; for councillor — Ibid., sec. 60; for sena- 
tor — Ibid., sec. 28 ; representatives to the general 
court — Ibid., sec. 13; representative in congress — 
Constitution JJ. S., sec. 2 -, electors of president and vice- 
president, and town officers. 

8. Where a person, having a wife residing in G., went 
to K., and there labored eight months, returning to Gr. 
on Saturday nights, and passing Sundays with his wife, 
it was held that his home was in G. 3 iV. S. i^. 123. 

9. A person, in order to be considered a pauper, 
must have been assisted by the town in which he claims 
the right to vote. 

10. In computing time, the day of the meeting is to 



QUALIFICATIONS OF VOTERS. 51 

be excluded. B. S, ch. 1, sec. 25 ; G. S. ch. 1, sec. 25. If 
the meeting is holden March 14, the voter must have 
resided within the State on September 13, and in the 
town on December 13. 

11. What is a ^Hemporary absence/^ is a question of 
much practical difficulty. The following points have 
been decided : 

A party halving acquired a home within a town does 
not lose it by absence for any purpose of a temporary 
nature, with the intention of returning : as, by absence 
ten weeks to do a job of work — 11 Mass. JR. 425; or 
absence at college' — 18 Mass. JR. 488; or at sea — 4 
Mass. R. 312. '' If a person, having his home in one 
place, go to another for temporary purposes, but with 
an intention to return, his domicil (or home) is not 
changed by such absence ; nor does he acquire a new 
domicil in the place of such temporary residence. 11 
iV. JH. R. 48. If a person go on a voyage to sea, or to 
a foreign country for health or pleasure, or business of 
a temporary nature, with an intention to return, no 
one supposes his domicil to be changed thereby. But, 
sometimes, when there has been a removal for tempo- 
rary purjDOses at first, there may be engrafted on it, 
subsequently, an intention of permanent residence. In 
such cases, length of time is a material ingredient. If 
a person has actually removed to another place, with an 
intention of remaining there for an indefinite time, and 
as a place of present domicil, it becomes his place of 
domicil, notwithstanding he may have a floating inten- 
tion to go back at some future period.^^ Judge Story, 
See 8 N.H. R. 181. 

12. What constitutes a person's '^ dwelling-place or 
home,'' is also a difficult question to determine. Judge 
Story lays down the following rules : 

^' That place is the home, or domicil of a person, in 
which his habitation is fixed, without any present inten- 
tion of removing therefrom. The question of domicil 
is often one of great difficulty and nicety. It is com- 
pounded partly of matter of fact and partly of law. 
It is often a mere question of intention; sometimes of 
express intention, and sometimes of presumptive inten- 
tion, from acts and conduct. The mere dwelling or 



52 OF THE RIGHTS AND 

residence in a place, is not, of itself, sufficient to make 
it the domicil of the party. He must be there with the 
intention of remaining. The act of residence must be 
coupled with the intention of making it the real, sub- 
stantial home of the party, excluding all others. 

"A person who is of age to choose a domicil for him- 
self, still retains the paternal domicil while he con- 
tinues to remain with his parents. But when he is 
emancipated, or has acquired a domicil of his own, he 
no longer follows the paternal domicil. The domicil of 
birth easily reverts, and it requires fewer circumstances 
to establish in proof that a party has reverted to the 
domicil of his birth, or family domicil, than to estab- 
lish a foreign domicil. The place where a person lives 
is, prima facie, taken to be the place of his domicil, 
until other facts establish the contrary. If a person re- 
moves to another place, with the intention to remain, 
the latter becomes instantaneously his place of domicil. 
It is of no consequence that he has a floating intention 
to return at some future period. 

" The place where the family of a married man re- 
sides is generally considered as his domicil ; but this 
may be controlled by circumstances. For if the place 
be only a temporary establishment for his family, or 
for temporary purposes, it may be different. If a mar- 
ried man has his family fixed in one place, and does his 
business in another, the former is considered as the 
place of domicil. If a married man has two places of 
residence at different times of the year, that will be 
esteemed his domicil which he selects, considers and 
describes as his fixed home, or which is the centre of 
his affairs. 

^' Mere intention to acquire a new domicil, without 
the fact of removal, avails nothing ; neither does the 
fact of removal without the intention to make it a 
home.'' 

See, also, remarks in 10 N. H. R. 455, 557. 

13. '^ Dwells and has his home,'' means some perma- 
nent abode, or residence, with an intention to remain, 
or at least without any present intention of remov- 
ing. 3 Greenleaf R. 229 ; 10 N, H, R. 455. 

14. It will be seen that the intention of the person 



QUALIFICATIONS OF VOTERS. 53 

claiming the right to vote is material. This intention 
to make a place his home, must exist at the commence- 
ment of and during the whole term prescribed by law. 
Eemoval to another place wnthin the six months, and a 
residence there of one day, w^ith an intention of re- 
maining, will destroy the six months residence. 10 
iY. H. E. 567. 

The " intention to return,^' which prevents a change 
of domicil when a person removes to another place, 
must be a fixed present intention to return at some 
definite time, or upon the occurrence of some particu- 
lar event. Ordinarily, if the party cannot tell the time 
nor the occasion w^hen he proposes to return, his inten- 
tion would be a mere floating intention^ which is of no 
consequence ] so if his return is to depend upon his 
success in business, or some similar contingency. 

The nature of the business in w^hich a person is en- 
gaged often furnishes evidence of his probable inten- 
tions ; as, if the business is of a temporary character, 
as that of teachers of district schools, laborers on farms, 
masons and other builders, who are absent during the 
seasons suited to their employments, and usually return 
at the close of the season. In such case the probability 
is that the absence is temporary. On the other hand, 
if the business is of a permanent kind, and affording 
better profits than the party's occupation at home, 
there Avould be a strong probability that the person 
had no design to return, unless upon the failure of his 
business or the like ] such a floating intention would 
not prevent his acquiring a home where he resides. 

15. In Maine it is decided that if a person has, di- 
rectly or indirectly, received aid from the town within 
three months of the day of election, whether he has 
repaid it or not, he is not a legal voter ; but if he re- 
ceived such aid more than three months before the 
election, he is a voter, whether he owes the towm for it 
or not. 7 Greenleafs B. 499. See sec. 2, of this chapter. 

16. If a person votes illegally in one town, it does 
not necessarily deprive him of his vote in another town, 
where he has a legal right ; but it may be considered 
by the selectmen as evidence, coupled with residence, 



54 



OF THE RIGHTS AND 



and other facts, of his intention to make that other 
town his home. 11 Mass. R. 353. 

As no person has the right to vote except in the 
town where he dwells and has his home, and no man 
has his home in a place unless he intends to remain 
there as a fixed residence, the fact that he has claimed 
the right to vote and has voted in a place, is the evi- 
dence of his conduct as to his intentions, wdnch ought 
always to outweigh mere professions. Unless strong 
circumstances support him, no man ought to be be- 
lieved, where he comes forward to accuse himself of a 
fraud, to entitle himself to a vote. See sec, 5,6, of this 
chapter. 

17. The children of American parents, though born 
in a foreign country, are not aliens, if they return here 
and claim the right of citizenship. 

18. 'No person of foreign birth, who shall claim the 
right to vote by reason of naturalization papers issued 
to him from any court in the United States, shall have 
the right to vote in any city, town or place in this 
State, unless, thirt}^ days at least before the day of elec- 
tion, he shall produce to the selectmen of the city, 
ward, town or place in which he resides and has his 
home, his said naturalization papers. Laws, 1855, ch. 
1667, sec. 3 ; amended by Laios 1856, ch. 1829, sec. 2. 

19. The said selectmen shall enter in a book, to be 
kept by them for that purpose, the name of said person, 
the date of the issue of said papers, and the court by 
whom the same were issued. Ibid. 

20. If said selectmen are satisfied that said papers 
are in due form, and were issued by a court having ju- 
risdiction in such matters, and that the party producing 
them is the party to whom thc}^ were issued, such per- 
son shall have a right to vote in such city, ward, town 
or place, and said selectmen shall cause his name to be 
entered on the check list of said city, ward, town or 
place, and be continued on said list as long as he shall 
remain a resident of such ward, town or place, and en- 
titled to vote therein. Ibid. 

21. If said selectmen shall be of opinion that the 
papers so produced are not genuine, or that the part}^ 
so producing them is not the person to whom they 



QUALIFICATIONS OF VOTERS. 55 

were issued^ they shall not be required to make such 
entries in such book, nor to enter the name of such 
person on the check list, as aforesaid ; but said person, 
having so produced and exhibited his papers, shall not 
be deprived of his right to vote by reason of his name 
not being entered in said book, but his right to vote 
shall be determined in the manner it would be if this 
act had not been passed. Laws, 1855, cJi, 1667, sec, 4. 

22. iSTeither this act, or the one to which this is an 
amendment, sees. 18, 19, 20 and 21, shall be construed 
as aifecting the right of any person to vote in any city, 
ward, town or place, whose name had been on the check 
list of such city, ward, town or place, and who had 
been allowed to vote therein before the passage of ch. 
1667, Laics I'^bb, passed July 14, 1855. 

23. The acts of 1855 and 1856, sees. 19 to 22, require 
that the selectmen should be in session at some suita- 
ble time and place, prior to the expiration of thirty 
days preceding any election, for the purpose of affording 
an opportunity to naturalized citizens to produce their 
naturalization .papers, and have them entered in the 
book to be kept for that purpose by the selectmen. 

24. Eeasonable notice of such session of the select- 
men should be given, and it would seem that the se- 
lectmen should be in session on the last day preceding 
the thirty days, to enable all who desire, to produce 
their papers, and they should be in session a suflicient 
length of time for that purpose. 

25. iSTeither African descent, near or remote, from a 
person of African blood, whether such person is or may 
have been a slave, nor color of skin, shall disqualify any 
person from becoming a citizen of this State, or deprive 
such person of the full rights and privileges of a citizen 
thereof Laws, 1857, ch. 1965, sec. 1. 

26. Section 1 of chapter 25 of the Compiled Stat- 
utes, shall not be so construed as in any case to deprive 
any person of color, or of African descent, born within . 
the limits of the United States, and having the other 
requisite qualifications, from voting at any election; 
but such person shall have and exercise the right of 
suffrage as fully and lawfully as persons of the white 
race. Ibid., sec. 4. 



CHAPTER 10. 



OF THE MANNER OF CONDUCTING ELECTIONS. 



1 . List of voters to be posted. 

2. List, how to be corrected. 

3. All proper corrections to be 

made. 
3,a. Names of naturalized citi- 
zens to be put on the list. 

4. List to be open for examina- 

tion. 

5. Name must be on the list, un- 

less. 

6. List to be present at meeting. 

7. Ballot boxes to be provided. 

8. What are ballots. 

8,6. How written or printed. 

9. Moderator to receive votes. 

10. Votes, several on one ticket. 

11. Ballots, when deemed blanks. 

12. Votes, by whom counted. 

13. Majority, how determined. 

14. Same subject. 

15. Votes, how declared and re- 

corded. 

16. Balloting, when closed. 

17. Statutes to be present. 

18. List of ratable polls made. 

19. Penalty for treating at election. 
19,6. Penalty for bribing voters. 



20. Penalty for voting illegally. 

21. Penalty for fraud of select- 

men. 

22. Penalty for fraud of modera- 

tor or selectmen. 
22,a. Penalty for assaulting offi- 
cer, or destroying ballot- 
box or check-list. 

23. Penalty fur other offences. 

24. Penalties, how recovered. 

25. Form of list of voters. 

26. List to be corrected before 

used. 

27. What is a ^' public place.*' 

28. Duties of selectmen as to list. 

29. Notice given before name 

erased. 

30. What is "accidentally omit- 

ted." 

31. What is a ballot. 

32. Can minor be elected to office. 

33. Returns must state, what. 

34. List of ratable polls. 

35. Illegal voter liable. 

36. Selectmen or moderator in- 

dictable. 

37. Majority, how determined. 



1. The selectmen shall lodge with the town-clerk, 
and shall also cause to be posted up in one or more 
public places in the town, an alphabetical list of all the 
legal voters therein^ fifteen days at least prior to any 
meeting for the choice of state or county officers, rep- 
resentatives in congress, or electors of president and 
vice-president. B, S. ch 25, sec. 1 ; O. S. ch. 26, sec. 1. 

2. The selectmen shall be in session, at some con- 
venient place, for so long a time as shall be necessary, 
within three days next preceding any such meeting, 
for the purpose of correcting said list ; and one session 
shall be for two hours at least on the day and before 
the opening of the meeting. Notice of the times and 



MANNER OF CONDUCTING ELECTIONS. 57 

places of holding said sessions shall be given upon said 
lists, at the time of posting up the same. lUd.^ sec. 2 ; 
a 8. eh. 26, sec. 2. 

3. The selectmen shall hear all applications for the in- 
sertion of the name of any person on said list, or the 
erasure of any name therefrom ; and may examine the 
party, or any witnesses thereto, upon oath, which may 
be administered by any member of the board. They 
shall insert the name of every legal voter omitted, and 
erase the name of every person not a legal voter. Ihid.^ 
sec. 3 ; G. S. ch. 26, sec. 3. 

3,^. They are required to put on such list the names 
of all naturalized citizens who are voters, who have 
produced their naturalization papers thirty days before 
the election, to the selectmen, according to the provisions 
of ch. 1667 and 1829 of Hhe Pamphlet Laws, sees. 18, 19, 
20, 21 and 22, of ch. 9, and to continue such names on 
the list so long as such persons remain residents of 
such city, ward, town or place, and are entitled to vote 
therein. Laws, 1856, ch. 1829. 

4. The list, as corrected by the selectmen, shall, at 
all times before the opening of any meeting, be open 
for the examination of every citizen of the town. 
lUd., sec. 4 ; C. S. ch, 26, sec. 4. 

5. IsTo person shall be allowed to vote at any meeting 
aforesaid, unless his name is inserted upon said list be- 
fore the opening of such meeting; and the vote of no 
person whose name is then upon said list shall be re- 
jected; provided, however, that this section shall not 
be so construed as to prevent any person from voting 
at any election, whose residence has, with the knowl- 
edge of the selectmen, been for and during the year 
next preceding the said election in said town, but whose 
name has been accidentally omitted from said list. 
Ibid., sec. 5 ; C. S. ch. 26, sec. 5. 

6. The selectmen shall be present at the opening of 
such meeting, and shall have then and there present 
the list of legal voters, corrected as aforesaid. Ibid., 
sec. 6 ; E. S. ch. 26, sec. 6. 

7. A suitable box or boxes shall be provided by the se- 
lectmen, at the expense of the town, in which to receive 

the ballots of the voters. Ibid., sec. 7 ; C» S. ch, 26, sec. 7. 
4* 



58 OF THE MANNER OF 

8. Bach ballot shall contain the name of every per- 
son voted for, and may be either written or printed. 
Blank pieces of paper shall not be counted as ballots, 
votes or tickets. I hid., sec. 8 ; 0. S. ch. 26, sec. 8. 

Sjb. All ballots that shall hereafter be given in at any 
election of town, state, or county officers, shall have 
written or printed upon them the full christian and sir- 
name of the person voted for ; provided, that the mid- 
dle name of any person voted for may be indicated on 
said ballots by the initial letter or letters of said mid- 
dle name, and the terms junior, second, or third, when 
necessary to designate the individual voted for, may be 
affixed to said name on said ballots by the usual abbre- 
viations. Laws, 1853, ch. 1423. 

9. Every voter shall deliver his ballot to the modera- 
tor, in open meeting ; and the moderator, on receiving 
the ballot, shall direct the town-clerk to check the name 
of the voter on said list, and shall, without inspecting 
the name of any person voted for, examine said ballot 
so far only as to determine whether the same contains 
more than one ticket. If it do not, he shall place the 
ballot in the balloting box ; but if it do, he shall make 
it manifest to the meeting, and reject the same. Ibid., 
sec. 9 ; G. S. ch. 26, sec. 9. 

10. In balloting for state and state officers, represent- 
atives in congress, or electors of president and vice- 
president, the moderator shall call for the ballots for so 
many of said officers as it may be necessary to vote 
for at such meeting, to be given in on the same ticket, 
as a majority of the voters present may request or des- 
ignate, with the respective officers designated against 
the name of each person voted for. Ibid., sec. 10 ] C. S. 
ch. 26, sec. 10. 

11. If several officers are to be voted for upon one 
ticket, no person shall be obliged to vote for each of 
said officers -, and when more than one description of 
officers is voted for on the same ticket, any ticket which 
does not contain at least one vote for each description 
of officers' shall be regarded as a blank vote, as to the 
description of officers omitted- Ibid., sec. 11 ; C. S. ch. 
2^,sec.l\. 



CONDUCTING ELECTIONS. 59 

12. The selectmen and town-clerk shall assist the 
moderator in sorting and counting said votes, but no 
other person shall in any manner interfere therewith. 
lUd., sec. 12; C. S. ch. 26, sec. 12. 

13. In determining the result of any election, the 
whole number of persons voting for any of&cer shall 
first be ascertained, by counting the whole number of 
separate tickets given in ; and no person shall be deem- 
ed to be elected to any office who shall not have re- 
ceived a majority of the whole number of tickets given 
in for such office. Ibid., sec. 13 ; 0. S. ch. 26, sec. 13. 

14. If a number of candidates greater than the requi- 
site number shall severally .receive a majority, a num- 
ber, equal to the requisite number having the greatest 
excess over such majority, shall be declared to be elected; 
but if the number to be elected cannot be completed by 
reason of any two or more candidates having received 
an equal majority, one or more being greater than the 
requisite number, the candidates having such an equal 
majority shall be declared not to be elected. Ibid., sec, 
14 ; O. S. ch. 26, sec. 14. 

15. The moderator shall, in said meeting, in presence 
of the selectmen and town-clerk, sort and count the 
said votes, and make a public declaration of the whole 
number of the tickets given in, with the name of every 
person voted for and the number of votes for each per- 
son, and the town-clerk shall make a fair record thereof 
at large in the books of the town. Ibid., sec, 15 ; C. S. 
ch. 26, sec. 15; Const. xY. H. sec. 32. 

16. 1^0 ballot shall be received and counted after the 
state of the votes shall have been declared as aforesaid. 
Ibid., sec. 16 ; C. S. ch. 26, sec. 16. 

17. The town-clerk shall have present at the polls, at 
the opening thereof, all the statute laws of this State in 
force relating to the subject of elections. Ibid., sec. 17 ; 
a S. ch. 26, sec. 17. 

18. Upon the back of the list of voters used at the 
annual meeting, the selectmen shall enter the names of 
all the ratable polls in the town not included in said 
list, and shall file the same with the town-clerk within 
one week after the town meeting. Ibid., sec. 18 ; C. S. 
ch. 26, sec. 18. 



60 OF THE MANNER OF 

19. If any person shall, directly or indirectly, give 
spirituous liquor to any voter at any time, with a view 
to influence any election, or as a treat for his vote, or 
for the honors bestowed on any candidate at such elec- 
tion, he shall be punished by a fine not exceeding 
twenty dollars for each offence. Ibid., sec. 19 ; C. S. ch. 
26, sec. 19. 

19,5. If any person shall, directly or indirectly, hire 
or procure, or attempt to hire or procure, by payment, 
promises, threats, or intimidations, any other person to 
stay away from any town meeting, or to avoid voting 
at any town meeting, or to vote for or against any par- 
ticular ticket or candidate for ofiice, or to procure him 
to ask the abatement of his taxes, or to be excused 
from paying taxes, in order to prevent him from voting 
at any election, such person shall be punished by a fine 
not exceeding fifty dollars, or by imprisonment not ex- 
ceeding thirty days. Laws of 1847, ch. 492, sec. 1 ; G. S. 
ch. 26, sec. 20. 

20. If any person, at any meeting for the choice of 
ofiicers, shall give in more than one vote for any ofiicer 
voted for at such meeting; or if any person under the 
age of twenty-one years, or any alien not naturalized, 
or any person who is not a legal voter, shall give in 
any vote for any officer at such meeting ; or if any per- 
son, being under examination as to his qualifications as 
a voter, before the board of selectmen, shall give any 
false name or answer, he shall be punished by fine not 
exceeding thirty dollars for each offence, or may be 
imprisoned in the common jail not exceeding six 
months. lUd., sec. 20 ; C. 8. ch. 26, sec. 21. 

21. If any selectman, at any session holden for the 
correction of the list of voters, on receiving satisfacto- 
ry evidence that any person whose name is on said list 
is not a legal voter, shall neglect or refuse to erase such 
name from said list, or shall neglect or refuse to insert 
on said list the name of any person who is a legal vot- 
er, having satisfactory evidence thereof; or shall neg- 
lect or refuse to hear or examine any evidence offered 
for such purpose, in either of the cases aforesaid ; or 
shall at any time insert on said list the name of any 
person not a legal voter, knowing such to be the ease; 



CONDUCTING ELECTIONS. 61 

or shall knowingly erase therefrom or omit to insert 
the name of any legal voter, he shall be punished by 
fine not exceeding fifty dollars for each offence. Ibid., 
sec. 21; a S. ch. 26, sec. 22. 

22. If any moderator or selectman, at any such 
meeting, shall fraudulently receive and count any ille- 
gal vote, omit to receive and count any legal vote, or 
shall fraudulently embezzle any vote from the number 
of legal votes cast, or add any vote thereto, or shall re- 
ceive or count any vote given at such meeting by proxy, 
and without the personal delivery of such vote by the 
person entitled to give the same, or shall fraudulently 
declare the state of the vote in the election of any of- 
ficer, he shall for each offence be punished by a fine not 
less than three hundred dollars, and by imprisonment 
in the common jail not less than six months. Laios, 
1857, ch. 1954; U. S. ch. 25, sec. 22. 

22,a. If any person shall willfully assault any town, 
city, or ward officer in the discharge of any duty of his 
office at the annual or other election, or take away, in- 
jure, or destroy the ballot-box or check-list when in use 
at the annual or other election, he shall be punished by 
a fine not exceeding three hundred dollars, or by con- 
finement to hard labor in the State prison not exceed- 
ing three years. .Laivs, 1858, ch. 2079. 

23. If any person shall be guilty of any offence 
against any provision of this chapter, the penalty for 
which is not herein specified, he shall be punished by 
fine not exceeding thirty dollars for each offence. Ibid., 
sec. 23 ; C. S. ch. 26, sec. 24. 

24. Fines may be recovered by information, filed by 
the attorney-general or solicitor, or by indictment by 
the grand jury, or the offender may be required, on 
complaint before a justice of the peace, to recognize for 
his appearance at the next term of the court of com- 
mon pleas, to answer to said complaint. See ch, 16, 
sec. 2. 

25. The Form of the List oe Yoters, which must be 
arranged alphabetically, may be as follows : 

An alphabetical list of all the legal voters in the town of 
Hampton, in the county of Eockingham, as made 



62 OF THE MANNER OF 

out by the selectmen, the twentieth day of February, 

1858. 

A. 

B. 

The selectmen give notice that they will be in session, 

for the purpose of correcting the above list, at , in 

said Hampton, on Saturday, the day of March 

next, at one o'clock in the afternoon ; and also at the 

same place, on Tuesday, the day of March next, 

from seven o'clock until nine o'clock in the forenoon, 
the hour of opening the town meeting. 
A. B.^ 

C. D. [ Selectmen of Hampton, 
E. F. ) 

Hampton, February 20, 1858. 

26. The list of voters should be corrected before eve- 
ry meeting for the choice of officers in which it is re- 
quired to be used, and the date should be altered when- 
ever it is posted up. 

27. As to what is a ^^ public place,^' refer to chapter 2, 
^ of warning town meetings.' 

28. The selectmen are bound by their oath of office 
to insert the name of every legal voter, and erase the 
name of every person not a legal voter, when satisfied 
of the fact, whether any application is made to them 
for the purpose or not, and are liable to a penalty for 
doing otherwise. 

29. When the name of any person is upon the posted 
list, it should not be struck off without giving him no- 
tice, and a chance to be heard, unless upon clear and 
undoubted proof that he is not a legal voter. 

30. The liberty of inserting any name ^^accidentally 
omitted,'' is intended to apply to the case of well known 
inhabitants omitted by mistake, and not to persons who 
may have resided in the town one year, but were not 
known to the selectmen as legal voters, and whom they 
did not intend to put on the list. 

31. Any ticket, having on it the name of one person 
for any office, is a ballot as to such office. In Maine a 
ballot for a person not eligible to the office is consider- 
ed a blank — 7 Greenleaf R. 497; but in this State it is 
not settled. 



CONDUCTING ELECTIONS. 63 

32. Whether a minor can be legally elected to any 
office, is very doubtful. 2 N. H. B. 655. 

33. The record must state how many ballots (or 
tickets) there were for every office, the name of every 
person who received a vote, and how many votes there 
were for each person. This must always be done when 
the voting is by the check-list. To omit any one of 
these particulars, or to record any votes as scattering, 
or to state the vote of the successful candidate only, is 
an error. For want of proper care a very large pro- 
portion of the returns are erroneous, and mischief fre- 
quently happens in consequence. 

34. All persons on the list of voters are deemed to 
be ratable polls, and the name of ^' every male inhabit- 
ant, of the age of twenty-one years and upwards, who 
is a legal voter in such town or place ; or, not being a 
legal voter, has resided therein twelve months next 
preceding the election at which such representative or 
representatives are to be chosen, or who has been taxed 
and has paid a poll tax within such tow^n during the 
year preceding such election, and resided therein six 
months next preceding the same election, shall be con- 
sidered a ratable poll; and the names of such persons 
only shall be considered, in certifying the number of 
ratable polls in such town or place, upon the check-list 
used in balloting for representatives.'^ M. S. ch. 29, sec. 
3 ; Laws of 1847, ch. 493, sec. 1 ; C. S. ch. 30, sec. 3. And 
all such ratable polls, not voters, should be entered on 
the back of such list, and the whole filed with the town- 
clerk. 

35. Any person, not a legal voter, is liable for voting, 
even if his name is on the list of voters, or although he 
did not know what were the qualifications of a voter. 

36. Selectmen are indictable for any fraud or dishon- 
est management in regard to the check-list; but fraud 
and dishonesty must be proved, and will not be pre- 
sumed. 1 ]V. H. B. 88. This is also true of the mod- 
erator. Ihid. 

37. The mode of determining elections prescribed in 
this chapter applies to town as well as state and county 
officers. 



CHAPTER 11. 



OF THE ELECTION OE GOVERNOR, COUNCILLORS AND 
SENATORS. 



1. Meeting, when holden. 

2. Return of votes, how made. 

3. Return, when to be made. 

4. Receipt therefor to be given. 

5. Penalty for neglect to return. 
5, a. Secretary of State to notify 



town-clerk when returns are 
not received. 

6. Form of return for governor. 

7. Form of superscription. 

8. Form of return for councillor 

and senator. 



1. The meetings of the several towns for the election 
of governor^ councillors and senators^ shall be holden 
on the second Tuesday of March^ annually, and at no 
other time. B. S. ch.'^2Q, sec. 1 ; 0. S. ch. 27, sec. 1. 

2. The town-clerk shall make out a fair and exact 
copy of the record of all votes given in at any such 
meeting for governor, for councillor and for senator, 
upon distinct and separate pieces of paper ; shall certify 
upon each copy that the same is a true copy of said 
record, and shall seal up said copies separately, and 
direct to the secretary of State, with a superscription 
upon each, expressing the purport thereof Ibid., sec. 2. 

3. He shall cause such attested copy to be delivered 
to the secretary of State twenty days at least before the 
first Wednesday of June. Ibid.^ sec. 3 ; Laws, 1857, ch. 
1972. 

4. The secretary, upon the receipt of any such copy, 
shall give a receipt therefor, if requested. Ihid., sec. 4. 

5. If any town-clerk shall neglect to make any re- 
turn of votes in the manner aforesaid, he shall be pun- 
ished by fine not exceeding one hundred dollars nor 
less than twenty dollars. Ibid., sec. 5. 

b,a. Whenever the return of votes shall not have 
been received at the office of the secretary of State 
within the time prescribed by law, it shall be the duty 
of the secretary of State immediately to notify the clerk 
of the town or place from which such return has not 
been received. Laws, 1857, ch. 1972. 



ELECTION OF GOVERNOR. 



65 



6. The Form of the Eeturn of Yotes for Governor 
may be thus : 

STATE OF NE\Y-HAMPSHIEE. 

At a legal town meeting, duly notified and holden at 
Haverhill, in the county of Grafton, on the second 
Tuesday of March, in the year 1858, the following 
votes of the inhabitants of said town, qualified to vote 
for senators, were given in for governor, and were re- 
ceived in presence of the selectmen of said tow^n, in 
open meeting, by the moderator thereof, who, in said 
meeting, in presence of said selectmen and of the town- 
clerk of said tovv^n, sorted and counted said votes, and 
at the close of the poll made a public declaration of the 
whole number of the tickets given in, the name of every 
person voted for, and the number of votes for each per- 
son, which was as follow^s : 

For A. B., one hundred and ten votes; 

For C. D., ninety-six votes; 

For E. F., ten votes. 
The whole number of tickets for governor given in 
at said meeting was two hundred and sixteen. 

A true record : E. M., Town-Clerk. 

A true copy of record. Attest: E. M., Town-Clerk, 

The Eeturn should be sealed up, and the superscrip- 
tion or direction may be thus : 

To the Secretary of the State of NewSanvpshire : 
A copy of the record of the votes given in for govern- 
or, in the town of Haverhill, on the second Tuesday 
of March, 1858. 

8. The form of the returns of votes for councillor 
and senator, and the superscription thereon, may be 
the same as for governor, substituting ^^ councillor,'^ or 
" senator,^' as the case may be, for ^' governor.^' 



CHAPTER 12. 



OF THE ELECTION OF REPRESENTATIVES IN CON- 
GRESS. 



1. State divided into districts. 

2. How composed. 

3. Meetings, when holden. 

4. Return of votes. 

5. Certificates of election. 

6. Proceeding, when no choice. 

7. Returns at special elections. 
7,a. Returns not received, secre- 



tary of State to notify 
town-clerk. 

8. Election, certificate of. 
8,6. Proceedings, if no choice. 

9. Proceedings in case of vacan- 
cies. 

10. Neglect to make returns. 

11. Form of the return. 

12. Form of superscription. 

1. This State is divided into three districts for the 
purpose of choosing representatives of this State in the 
congress of the United States^ and each district shall 
be entitled to elect one representative, being an inhab- 
itant of the same district. Laws, 1852^ ch. 1284; C. S. 
eh. 28, sec. 1. 

2. The said districts shall be formed and limited in 
manner following, to wit : The towns that now consti- 
tute the counties of Eockingham, Strafford^ Belknap and 
Carroll^ shall constitute the first district. The towns 
that now constitute the counties of Merrimack and 
Hillsborough shall constitute the second district. The 
towns that now constitute the counties of Cheshire, 
Sullivan^ Grafton and Coos, shall constitute the third 
district. Laws of 1852, eh. 1284; C. S. ch. 28, sec. 2. 

3. The meeting for the choice of representatives in 
congress shall be holden in each district on the second 
Tuesday of March, one thousand eight hundred and 
forty-seven, and on the second Tuesday of March in 
every second year thereafter. Laws, 1846, eh. 342, sec. 
3; C. S.ch. 28, sec. 3. 

4. And the meetings in the several towns and places 
in each district shall be warned and governed, and the 
return of votes for representatives shall be made out, 
signed, certified, sealed, directed, transmitted, receipted 
for^ examined and counted, at the same time and in the 



REPRESENTATIVES IN CONGRESS. 67 

same mannei: as is now provided for the return of votes 
for senators. lUcL, sec. 4. 

5. Upon such examination and count, the person 
having the largest number of votes returned, in any 
district; shall be declared duly elected, and the govern- 
or shall forthwith transmit to the person so elected a 
certificate of such election, signed by himself and 
countersigned by the secretary, and with the seal of 
State affixed thereto. LawSj 1848, ch. 700, sec. 1 ; C. S. 
ch. 28, sec. 5. 

6. If two or more persons, at any election of repre- 
sentatives to congress, shall, in any district, receive the 
largest and an equal number of votes, so that no choice 
be made, the governor, with the advice of the council, 
shall cause precepts to be issued to the selectmen of 
the several tov/ns and places within such district, for 
another election, requiring them to warn meetings to 
be held at the time specified in such precepts, for the 
choice of a representative in such district. Ijaws of 
1848, ch. 700, sec. 2 ; C. S. ch! 28, sec. 6. 

7. The votes given in at any such meeting shall be 
received, sorted, counted, declared, recorded and certi- 
fied, and the return thereof made out, signed, certified, 
sealed and directed in the manner hereinbefore pre- 
scribed, and the clerk shall transmit the same to the 
office of the secretary of State within fifteen days after 
such meeting. Laws of 1848, ch. 700, sec. 3 ; G. S. ch. 
28, sec. 7 ; Laws, 1857, ch. 1972. 

7,<2. Whenever the return of votes shall not have 
been received at the office of the secretary of State 
within the term prescribed by law, it shall be the duty 
of the secretary of State immediately to notify the 
clerk of the town or place from which such return has 
not been received. Laws, 1857, ch. 1972, sec. 2. 

8. The secretary, as soon as may be, shall lay all such 
returns before the governor and council, and the votes 
shall be examined and counted, and the election of the 
person having the largest number of votes declared 
and certified, and the certificate thereof made out and 
transmitted in the manner herein before directed. 
Laios of 1848, ch. 700, sec. 4; C. S. ch. 28, sec. 8. 

S.b. If upon such second balloting two or more persons 



68 REPRESENTATIVES IN CONGRESS. 

shall have the largest and an equal number of votes in 
any district, so that no choice be made therein, then 
the governor, with advice of the council, shall forth- 
with cause new precepts to be issued as aforesaid, di- 
recting another meeting to be warned and holden, to 
fill such vacancy ; and the same proceedings shall be 
again had as are herein before provided, and so from 
time to time, so long as may be necessary, until some 
one person shall have the largest number of votes, who 
shall be declared elected as aforesaid. Laws of 1848, 
ch. 700, sec. 5 ; C. S. cli, 28, sec. 9. 

9. If any vacancy in the representation of the State 
in congress shall occur by death, resignation or other- 
wise, the governor, with advice of the council, shall 
forthwith cause precepts to be issued to the selectmen 
of the towns and places within the district where such 
vacancy may have occurred, for an election to fill such 
vacancy; and similar proceedings in all respects shall 
be had therein as are provided in the preceding sections 
of this chapter; and the ballotings in such districts 
shall be continued until some one person shall have the 
largest number of votes given in and returned as afore- 
said, who shall be declared duly elected to fill such 
vacancy. Laws of 1848, chap. 700, sec. 6 ; C. 8. chap. 28, 
sec. 10. 

10. If any town-clerk shall neglect to make any re- 
turn of votes as aforesaid, he shall be liable to the same 
penalty provided for neglect to make return of votes 
for senator. Statutes, 1846, ch. 342, sec. 10 ; C. S. ch. 
28, sec. 11. 

11. The Form or the Eeturn m^j be thus : 

STATE OF NEW-HAMPSHIEE. 

At a legal town meeting, duly holden at Exeter, in 
the county of Eockingham, on the second Tuesday of 
March, in the year eighteen hundred and fifty seven, 
the following votes of the inhabitants of said town, 
present and qualified to vote for representatives to the 
State legislature, were given in by ballot for one j^er- 
son to represent this State in the congress of the 
United States, for the term of two years from and after 
the third day of the said month of March, and were 



ELECTION OF ELECTORS OF PRESIDENT. 



69 



received in presence of the selectmen of said town, in 
open meeting, by the moderator thereof, who, in said 
meeting, in presence of said selectmen and the clerk of 
said town, sorted and counted said votes, and at the 
close of the poll made a public declaration of the whole 
number of tickets given in, the name of every person 
voted for, and the number of votes for each person, 
which was as follows : 

For A. B., One hundred votes. 

For C. D., One hundred votes. 

The whole number of tickets given in for represent- 
ative in congress, at said meeting, was two hundred. 
A true record : E. M., Town-Clerk. 

A true copy of record. Attest: E. M., Town-Clerk. 

12. The Form of the superscription may be the same 
as that for governor, substituting the words representa- 
tive in the congress of the United States, for ^^ governor.^' 



CHAPTER 13. 



OF THE ELECTION OE ELECTOES OF PRESIDENT AND 
VICE-PRESIDENT. 



1. Meeting, when holden. 

2. Return of votes, how made. 
4. Receipt therefor to be given. 



5. Penalty for neglect to return. 

6. Form of returns of votes. 

7. Form of superscription. 



1. The meeting for the choice of electors of president 
and vice-president shall be holden on the Tuesday fol- 
lowing the first Monday in November, one thousand 
eight hundred and forty-eight, and on the Tuesday fol- 
lowing the first Monday in November, in every fourth 
year thereafter; and the governor shall seasonably 
issue precepts to the several towns, directing them to 
warn and hold meetings at the time and for the pur- 
pose aforesaid. Laivs of 1848, ch. 617, sec. 1 ; C. S. ch. 
29, sec. 1. 



70 ELECTION OF ELECTORS OF PRESIDENT. 

2. The return of votes for electors shall be made out, 
signed, certified, sealed and directed, in the same man- 
ner herein before provided for the return of votes for 
senator; and the town-clerk shall transmit the same to 
the office of the secretary of State, on or before the last 
Wednesday but one of the same month. B. 8. ch. 28, 
sec. 2; as. ch. 29, sec. 2 ; Zaws, 1857, ch. 1972. 

4. The secretary to whom such returns of votes shall 
be delivered, shall, if requested, give a receipt therefor. 
JR. S. ch. 28, sec. 3; 0. S. ch. 29, sec. 3. 

5. If any town-clerk shall neglect to make return of 
votes in the manner aforesaid, he shall incur the same 
penalty as in case of neglect to return votes for senator. 
B. S. ch. 28, sec. 10 ; G. S. ch. 29, sec. 10. 

6. The Form of the Eeturn of Yotes for Electors 
may be thus : 

STATE OP NEW-HAMPSHIKE. 

At a legal meeting of the inhabitants of the town of 
Lancaster, in the county of Coos, qualified to vote for 
senator, duly warned and h olden at said Lancaster, on 
the Tuesday following the first Monday of J^ovember, 
in the year eighteen hundred and fifty-six, for the pur- 
pose of giving in their votes for five persons to be 
electors of president and vice-president of the United 
States : 

A. B. was chosen moderator, to preside at said meet- 
ing, and took the oath of office prescribed by law. 

And the votes given in for five persons, to be electors 
as aforesaid, by the inhabitants of said town qualified 
as aforesaid, were received, in the presence of the se- 
lectmen of said town, in open town meeting, by the 
moderator thereof, who, in said meeting, in presence of 
the said selectmen and the clerk of the town, sorted 
and counted said votes, and at the close of the poll 
made a public declaration of the whole number of tick- 
ets given in, the name of every person voted for, and 
the number of votes for each person, which was as 
follows : 

For J. B., One hundred votes. 

For N. M.; &c., &c., &c. 



ELECTION OF COUNTY OFFICERS. 71 

[Here insert the name of every person voted for, and the number of 
votes for each.] 

The whole number of tickets given in at said meeting 
was — . 

A true record : E. 'K., Town- Clerk. 

A true copy of record. Attest: E. M., Town-Clerk. 

7. The Superscription may be thus : 

To the Secretary of the State of NewSamjpshire. 

A copy of the record of votes given in the town of 
Lancaster, for electors of president and vice-president; 
November 4, 1856. 



CHAPTER 14. 



OF THE ELECTION OF COUNTY OFFICERS. 



5. Penalty for neglect. 

6. Form of return. 

7. Form of direction. 



1. Meeting, when holden. 

2. Who are eligible. 

3. Return of votes, how made. 

4. Return of votes, when made. 

1. There shall be chosen, on the second Tuesday of 
March, annually, by ballot, by the inhabitants of the 
several towns and places in each county, qualified to 
vote for senators, a register of deeds, a treasurer, and 
one county commissioner, each of whom shall hold his 
office until some other person is chosen and qualified in 
his stead. R. S. ch. 20, sec. 1 ; C. S. ch. 21, sec. 1 ; 
Laws, 1855, ch. 1659, sec. 37. 

2. 1^0 person is eligible to the office of register, 
treasurer or county com^missioner, unless he is a resi- 
dent of the county for which he is chosen. No per- 
son shall hold any two of said offices at the same time ; 
and the acceptance of any office shall be a resignation 
of any office incompatible with it. H. S. ch. 20, sec. 2 ; 
C. S. ch. 21, sec. 2; Laws, 1855, ch. 1659; sec. 37. 



72 , ELECTION OP COUNTY OEFICERS. 

3. The return of votes, given in any town or place 
for any of said officers, shall be made out, signed, certi- 
fied and sealed by the clerk thereof, in all respects as is 
provided for the return of votes for senator. R. S. ch. 
20, sec. S; G. S, ch. 21, sec. S. 

4. The clerks of the several towns in this State shall 
direct the returns of votes for county officers to the 
court of common pleas for the county, with a super- 
scription expressing the purport thereof, and shall 
transmit the same to said court on or before the first 
day of the sitting of said court, at the next stated 
term after the second Tuesday of March in each year. 
Jjaws, 1845, ch. 240 ; 0. S. ch. 21, sec. 4. 

5. If the clerk of any town shall neglect to make 
any of the returns of votes aforesaid according to law, 
he shall, for each offence, be punished by fine not ex- 
ceeding fifty dollars nor less than twenty dollars, for 
the use of the county. B. S. ch. 20, sec. 7 ; C.S. ch. 21, 
sec. 7. 

6. The Form of the Eeturn of Yotes for register of 
deeds, county treasurer and road commissioners may 
be as follows : 

STATE OF NEW-HAMPSHIEE. 

At a legal town meeting, duly notified and holden at 
Francestown, in the county of Hillsborough, on the 
second Tuesday of March, in the year eighteen hun- 
dred and fifty-eight, the following votes of the inhabit- 
ants of said town, qualified to vote for senator, Avere 
given in for a register of deeds, a county treasurer and 
one county commissioner, and were received in pres- 
ence of the selectmen of said town, in open town 
meeting, by the moderator thereof, who, in said meet- 
ing, in presence of said selectmen and of the clerk of 
the town, sorted and counted said votes, and at the 
close of the poll made a public declaration of the whole 
number of tickets given in for each office, the name of 
every person voted for, and the number of votes for 
each person, as follows : , 

For Register of Deeds : 
E. B. had one hundred votes. 



ELECTION OF REPRESENTATIVES. 



73 



J. L. had fifty votes. 

A. W. had one hundred votes. 

For County Treasurer: 

N. B. had one hundred votes. 
D. S. had one hundred votes. 

For County Commissioner: 

A. B. had votes. 

C. D. had votes. 

The whole number of tickets given in for register of 
deeds was 250. 

The whole number of tickets given in for county 
treasurer was 200. 

The whole number of tickets given in for county 

commissioner was . 

A true record : E. M., Town-Clerk. 

A true copy of record. Attest: E. M.^ Town-Clerh 

7. The Eeturn should be sealed up and directed thus : 

To the Court of Common Fleas for the County of Hills- 
borough, A copy of the votes given in the town of 
Francestown, for register of deeds^ county treasurer 
and county commissioner, March 9, 1858. 



CHAPTER 15. 

OF THE ELECTION OF REPRESENTATIVES TO 
GENERAL COURT. 



THE 



Of Towns not classed. 

1 . Meeting, when to be holden. 

2. Certificate of elections. 

3. Who are ratable polls. 

4. Town specially authorized, 

duty. 

5. List of such towns. 

Of the Elections in Classed Towns. 

6. Meeting, when to be holden. 

5 



7. Meeting, how warned. 

8. Warrant, how served and re- 

turned. 

9. List of voters to be posted. 

10. Lists, how corrected. 

11. Copy of list furnished. 

12. Proceedings at such meeting. 

13. Clerk pro tern, chosen. 

14. Penalty for neglect of duty. 



74 



ELECTION OF REPRESENTATIVES. 



15. List of classed towns. 

General Rules. 

16. Eormof certificate of election 

in towns not classed. 

17. Who are ratable polls. 

18. Form of warrant for meeting 

in classed towns. 



19. Form of return thereon. 

20. Certificate on check -list. 

21. Form of certificate and elec- 

tion in classed towns. 

22. Form of certificate when elect- 

ed at adjourned meeting. 



OE TOWNS NOT CLASSED. 

1. The meeting for the election of representatives to 
the general court, in towns not classed, shall be holden 
on the second Tuesday of March annually ] but if the 
election of the requisite number shall not be effected on 
that day, the meeting may be adjourned to, and the 
election of the number deficient made on the following 
day, but not afterwards. B, S. ch. 29, sec, 1 ; C. S. ch, 
30, sec. 1. 

2. The certificate of election shall be made out, cer- 
tified and signed in the same manner as the return of 
votes for governor ; and the town-clerk shall also certi- 
fy that the check-list was duly posted up and used dur- 
ing the balloting on which such representative was 
chosen, the number of ratable polls in such town, and 
the number of voters upon the check list, as corrected 
on the day of such annual meeting. R. S. ch. 29, sec, 
2; as. ch, SO, sec. 2. 

3. In determining the number of representatives to 
which any town or place is entitled, every male inhabit- 
ant, of twenty-one years of age and upwards, who is a 
legal voter in such town or place, or, not being a legal 
voter, has resided therein twelve months next preced- 
ing the election at which such representative or repre- 
sentatives are to be chosen, or who has been taxed and 
has paid a poll tax v>^ithin such tow^n during the year 
preceding such election, and resided therein six 
months next preceding the same election, shall be con- 
sidered a ratable poll ; and the names of such persons 
only shall be considered, in certifying the number of 
ratable polls in such town or place, upon the check-list 
used in balloting for representatives. H. S. ch. 29, sec. 
3 ; Laws, 1847, ch. 493, sec. I; C. S. ch. 30, sec. 3. 

4. The clerk of every town specially authorized to 
send a representative to the general court^ shall note 



ELECTION OF REPRESENT ATI YE S= VD 

on the margin of the certificate of election the time 
when such authority was given. B. S. ch. 29, sec. 4 ; 
a S. di, 30, sec. 4. 

5. Each of the following towns and places, not hav- 
ing the constitutional number of ratable polls, may send 
a representative to the general court, until otherwise 
ordered : viz., Atkinson, East-Kingston, Greenland, 
ISTewington, Newton, Hampton-Falls, Fremont, South- 
Hampton, Madbury, Middleton, Center-Harbor, Brook- 
field, Allenstown, Brookline, Litchfield, Sharon, Tem- 
ple, Gilsum, Eoxbury, Sullivan, Surry, Langdon, Ben- 
ton, Hebron, Orange, Dalton, Albany, Bennington, 
Chatham, Franconia, Gosport, Jackson, Sandown and 
Windsor. E. S. ch. 29, sec. 5 ; Laws of 1844, chs. 95, 173, 
174; Laws of 1847,c/is. 508, 509; Laws of 1848, c/i5. 619, 
623, 721 ; C. S. ch. 30, sec. 5. 

OF THE ELECTION IN CLASSED TOWNS. 

6. The meeting for the election of the representative 
of any classed towns may be holden on any day in 
March except the second Tuesday thereof. jR. S. ch. 29, 
sec. 6 ; C. S. ch. 30, sec. 6. 

7. Such meeting shall be called by v\^arrant, under 
the hands and seal of the selectmen of the town wherein 
the meeting is by law to be holden for that year, re- 
quiring the inhabitants of said classed towns, qualified 
to vote for senators, to meet at a certain place in said 
town, and at a certain time therein mentioned, and ex- 
pressing the purpose of such meeting. H. S. ch. 29, sec. 
lyC.S. ch. 30, sec. 7. 

8. The selectmen shall post up an attested copy of 
such warrant at some public place in each of said 
towns, fifteen days at least before such meeting, and 
return such warrant, with their doings thereon, at the 
time and place of meeting. B. S. ch. 29, sec. 8 ; C. S. 
ch. 30, sec. 8. 

9. The selectmen of the town wherein such meeting 
is by law to be holden, shall lodge with the clerk 
thereof, and cause to be posted up at some public place 
in said town, at least fifteen days previous to said meet- 
ing, an alphabetical list of all the legal voters of said 
town ; and shall, at said meeting, enter on said list the 



76 ELECTION or REPRESENTATIVES. 

name of every legal voter which shall be upon the list 
of voters of any town classed therewith. R. S. ch. 29, 
sec. 9; C. S, ch. SO, sec. 9. 

10. The selectmen of each classed town shall hold 
sessions for the correction of the list of voters, in the 
manner herein before provided for other towns, giving 
at least seven days^ notice thereof; but no session shall 
be holden for such purpose on the day of election, ex- 
cept in the town in which such election is to be holden. 
B. S, ch. 29, sec. 10 ; C. S. ch. 30, sec. 10. 

11. An attested copy of the check-list, as corrected 
by the selectmen of each classed town, shall be filed by 
them with the town-clerk of the town in which such 
meeting is to be holden, before the opening of such 
meeting, or, in his absence, with one of the selectmen. 
B. S. ch. 29, sec. 11 ; C. S. ch. 30, sec. 11. 

12. At such meeting a moderator shall be chosen; 
and said moderator, and the selectmen and clerk of the 
town wherein such meeting is holden, and the legal 
voters of each town present, shall have the same rights 
and powers, perform the same duties, and be subject to 
the same liabilities and penalties, as if .such meeting 
were a legal meeting of the inhabitants of one town 
only. R. S. ch. 29, sec. 12 ; C. 8. ch. 30, sec. 12. 

13. If there be no clerk of the town in which such 
meeting is to be holden, or, in case of his absence, the 
legal voters of such town present shall choose a clerk 
of the meeting, who shall be sworn, and shall perform 
the duties by law required of town-clerks in town 
meetings ; shall keep a fair record of all the proceed- 
ings of the meeting, and shall transmit the same, duly 
certified, to the clerk of said town, so soon as one shall 
be elected, who shall record the same in the book of 
records of the town wherein such meeting is holden. 
R. S. ch. 29, sec. 13 ; G. S. ch. 30, sec. 13. JSTo person 
can vote for town-clerk except legal voters of the town 
in which the meeting is holden. 

14. If any selectman or town-clerk shall neglect to 
perform any duty required of him by this chapter, he 
shall be punished by fine not exceeding fifty dollars. 
R. S. ch. 29, sec. 14; 0. S. ch. 30, sec. 14. 

15. The following towns and places, not having the 



ELECTION OF REPRESENTATIVES. 77 

constitutional number of ratable polls each, are hereby 
classed for the election of representatives to the gen- 
eral court, in the following manner, and each class may- 
send one representative annually : viz, Carroll, Nash 
and Sawyer's Location, Haile's Location, and Craw- 
ford's Grant; Jackson and Pinkham's Grant; North- 
umberland and Stratford; Woodstock and Lincoln; 
Ellsworth and "Waterville ; Pittsburg and Clarksville ; 
Errol, Millsfield, Dixviile, Cambridge and Wentworth's 
Location ; Stark and Dummer ; Berlin and Eandolph ; 
Shelburne, Martin* and Green's Grant. B, 8. ch. 29, 
sec. 15; Laios of 1848, cA. 741, sec. 1; Laivs of 1849, ch. 
856, sec. 1 ; Laws of 1852, ch. 1306 ; C. S. ch. 30, sec. 15 ; 
ch. 1693, ch. 1974, ch. 213S, FamjMet Laws. 

16. The Form or the Certificate of Election in 
towns not classed may be thus : 

STATE OF NEW-HAMPSHIEE. 

At a legal town meeting, duly notified and holden at 
Portsmouth, in the county of Eockingham, on the sec- 
ond Tuesday of March, in the year eighteen hundred 
and fifty-eight, the alphabetical list of all the inhabit- 
ants of said town, qualified to vote for senators, having 
been lodged with the clerk of said town, and posted up 
at the town-house in said town fifteen days prior to 
said second Tuesday of March, and the name of each 
voter having been checked by the town-clerk on said 
list during the balloting, the votes of the inhabitants of 
said town, qualified as aforesaid, given in for represent- 
atives to represent said town in the general court of 
said State, were received in the presence of the select- 
men, in open town meeting, by the moderator thereof, 
who, in the presence of said selectmen and of the clerk 
of said town, sorted and counted the same, and at the 
close of the poll made a public declaration of the whole 
number of tickets given in, the name of every person 
voted for, and the number of votes for each person, 
which were as follows : 

A. B. had six hundred votes. 

C. J), had six hundred votes. 

The whole number of tickets for representatives 
given in was — . 



78 ELECTION OF REPRESENTATIVES. 

And the said A. B. and C. D.^ having a majority of 
all the tickets given in, were declared by the moderator 
to be elected representatives of said town for the ensu- 
ing year. 

E. M., Town-Clerh 

A true copy of record. Attest : E. M., Town-Clerk. 

I hereby certify that the selectmen of said town have 
filed with the town-clerk thereof, agreeably to the pro- 
visions of chapter 26, sec. 18, of the Eevised Statutes, 
the list of voters used at the annual meeting, with the 
names of all the ratable polls in saicl town, not included 
in said list, v/ritten upon the back thereof. The whole 
number of voters in said list is — , and the whole num- 
ber of ratable polls in said list, and upon the back 
thereof, is — . E. M., Town-Clerk. 

17. In the list of ratable polls is to be included all 
the persons enumerated as ratable polls in section 3 of 
this chapter, and none other. Sec. 3, ch. 29, B. S., as 
amended by the Jjaws of 1847, chaj?. 493 ; G. S. chap, 30, 
sec. 3. 

18. The Form of a Warrant for a meeting for' the 
election of a representative for classed tovfns may be 
as follows : 

STATE OF >^EW-HAMPSHIEB. 

[L. S.] To the inhabitants of the towns of Berlin and 
Bandolph, in the county of Coos, in said State, qualified 
to vote for senator : 

You are hereby notified to meet at the town-house 
in said Berlin, on Thursday, the eleventh day of March 
instant, at nine of the clock in the forenoon, to act upon 
the following subjects : 

1. To choose a moderator to preside at said meeting. 

2. To choose a representative to represent said towns 
in the legislature for the ensuing year. 

Given under our hands and seal, at Berlin, this twen- 
ty-fourth dav of February, eighteen huindred and fifty- 
eight. ' P. G.^ 

B. H. [Selectmen of Berlin. 



OF THE ELECTION OF REPRESENTATIVES. 79 

19. The Form of the Selectmen's Eeturn on said 
warrant may be thus : 

Berlin, March 11, 1858. TVe hereby certify that we 
posted up an attested copy of the within warrant at 
the town-house in said Berlin, and a like attested copy 
at the tavern of G-. E., in said Eandolph, being public 
places in said towns, on the twenty-fourth day of Feb- 
ruary, 1858. We also, on said daj^, lodged with the 
town-clerk of said Berlin an alphabetical list of all the 
legal voters of said town, and also posted up at said 
town-house a like list, which we believe to be correct. 

P. G.) 

E. H. >- Selectmeyi of Berlin, 

K L. ) 

20. The copy of the check-list, as corrected by the 
selectmen, should be certified as such by them, and 
filed with the town-clerk of the town in which the 
meeting is to be holden. The Attestation may be as 
follows : 

The foregoing list is a true copy of the list of legal 
voters in the town of E., as corrected by us this day. 

H. M.-) 



E , March 10, 1858. 



L. P. >• Selectmen of B. 
G. E.) 



21. The Form of the Certificate of Election may 
be as follows : 

At a legal meeting of the inhabitants of the towns of 
Berlin and Eandolph, qualified to vote for senator, duly 
notified, holden at Berlin, in the county of Coos, on the 
eleventh day of March, in the year eighteen hun- 
dred and fifty-eight, for the choice of a represcDtative 
to represent said towns in the legislature of this State, 
an alphabetical list of all the inhabitants of said Ber- 
lin, qualified to vote for senator, having been lodged 
with the clerk of said town, and posted up at the tovv^n- 
house in said town, fifteen days prior to said eleventh 
day of March, and an attested cop}^ of the list of the 
legal voters in said Eandolph, qualified a^aforesaid, as 



80 OF THE ELECTION OF REPRESENTATIVES. 

corrected by the selectmen of said Eandolph, having 
been filed with the town-clerk of said Berlin before the 
opening of said meeting, and all the names thereon 
entered upon the list of voters of said Berlin, and the 
name of each voter having been checked by the town- 
clerk on said list, during the balloting, the votes of the 
inhabitants of said Berlin and Eandolpli, qualified as 
aforesaid, given in for a representative to represent 
said towns in the general court of said State, were 
received — 

[Here copy the form of a certificate for a town not classed, after the 
words, " were received^'] 

The certificate should state the number of voters, and 
the number of polls in each of the classed towns. 

22. The Form of the Certificate, where no choice . 
is effected on the first day, may be thus. Copy the 
form before given, down to the words, '' And the said 
A. B. and C. D. having a majority/^ &c., &c., which are 
to be omitted, and insert instead : 

And no person having a majority of all the tickets 
given in, it was declared by the moderator that there 
was no choice : Whereupon it was Voted, that this 
meeting stand adjourned until to-morrow morning, at 
nine o'clock, and it was adjourned accordingly. 

And at the time and place of adjournment aforesaid, 
the inhabitants of said town being met for the purpose 
of filling such vacancy, the name of each voter having 
been checked by the town-clerk on said list of voters 
during the balloting. 

[Here copy the rest of the form.] 



CHAPTER 16. 



GENEEAL PROVISIONS CONCERNING ELECTIONS. 



8. Money lost may be recovered. 

10. Penalty for making any false 

reCord, copy or return. 

11. Blanks to be furnished. 

12. Records and copies to be sign- 

ed by recording officer. 

13. Oaths of office essential. 

14. Voters not liable to arrest. 



1. Neglect to return votes, how 

prosecuted. 

2. Penalties, how recovered. 

3. Limitation of prosecutions. 

4. Town-clerk may be required to 

correct his record or return. 

5. Penalty for neglect to amend. 

6. Penalty for betting on election. 

7. What is a bet or wager. 

1. The secretary of state shall, within thirty days 
after any default in the return of votes, certify the 
same to the solicitor of the county, which certificate 
shall be prima facie evidence of such default, and the 
solicitor shall prosecute every person guilty of such de- 
fault. B. 8. ch. 30, sec. 1 ; C. S. cli. 31, sec. 2. 

2. All fines and penalties accruing under the seven 
preceding chapters, for any default or offence, may be 
recovered by indictment or information, and shall be 
appropriated, one half to the use of the prosecutor, and 
the other half to the use of the county. B. S. ch. 30, 
sec. 2; C. S. ch. 31, sec. 2. 

3. No prosecution shall be sustained unless com- 
menced within one year after the commission of the 
offence. R. S. ch. 30, sec. 3; C. S. ch. 31, sec. 3. 

4. If the clerk of any town or place shall make an 
incorrect or insufficient record or return of the votes 
given therein at any meeting, for any of the officers 
aforesaid, the tribunal by whom said votes are opened 
and counted may require said clerk, at his own expense, 
to come in and amend said record or return, according 
to the facts of the case. B. S. ch. 30, sec. 4; C. S. ch, 
31, sec. 4. 

5. If any clerk shall neglect or refuse to appear and 
amend as aforesaid, he shall be punished by a fine of 
fifty dollars, to be recovered by indictment or informa^ 

5* 



82 PROVISIONS CONCERNING ELECTIONS. 

tion in the county in which such delinquent resides. 
JB. S. ch. 30, sec, 5; G. S. ch. 81, sec. 5. 

6. If any person shall make or accept any bet or 
wager of money, goods, or property of any kind what- 
ever, upon any election for any public officer, or upon 
the event or result of such election, or upon any of 
the proceedings thereof; or if any person shall receive 
any money, goods, or other thing, the same having 
been won upon any such bet or wager, he shall forfeit 
and pay a sum equal to double the amount of the 
money or value of the goods or property so received, 
bet or wagered, to the use of the person who first sues 
therefor. JR. S. ch. 30, sec. 6 ; C. S. ch. 81, sec. 6. 

7. Any contract or agreement, made or entered into 
for the purchase, sale, loan, or use of any money or 
property, real or personal, the terms of which are 
made to depend upon, or are to be varied or aifected 
by any such election, or by the event or result thereof, 
or of any of the proceedings thereof, shall be deemed 
to be a bet or wager vfithin the meaning of this chap- 
ter. B. S. ch. 80, sec. 7 ; 0. S. ch. 81, sec. 7. 

8. If any person shall receive any money or prop- 
erty, won by him upon any bet or wager as aforesaid, 
he shall be liable therefor to the person losing the 
same, in an action of assumpsit, trover, or other form 
proper to recover the same. R. S. ch. 30, sec. 8 ; C. S. 
ch. 31, sec. 8. 

10. If the clerk of any town or place shall willfully 
and corruptly make a false record of any vote, or other 
proceeding in any legal town meeting, or any false 
copy of any re cord, or any false certificate or return 
of votes, he shall be punished hj solitary imprisonment 
not exceeding six months, and by confinement to 
hard labor not less than two nor more than five years. 
B, S. ch. 217, sec. 18 ; C. S. ch. 281, sec. 18. 

11. The secretary of state shall prepare and distrib- 
ute to every town, blanks for the returns of state and 
county officers, representatives in Congress and elect- 
ors, which shall be used by town- clerks in making 
returns. B. S. ch. 11, sees. 2 and 8. 

And all blanks, laws, journals and packages, directed 



RECORDS OP TOWN MEETING. 83 

to be sent by him to the several towns in this State, 
shall be sent by mail^ or by public or private express, 
as he may judge expedient, directed to the proper offi- 
cer or person, and left at the post-office in the town 
where such officer or person resides. R. S. ch. 11, sees. 
2andS; Laws 1849, ch, 877 ; Laws 1848, ch. 759 ; C. S. 
ch. 11, sec. 3. 

12. Every record or return, and every copy of 
either, made by the town-clerk, or by any recording 
officer, should be signed by him. A record not signed 
is of no avail. 

13. No person, chosen or appointed to any public 
office under any law of this State, shall exercise such 
office, or shall perform any act therein, until he shall 
have taken the oath of office therefor. B. S. ch. 15, 
sec. 4; C. S. ch. 15, sec. 4. 

An affirmation may be administered instead of an 
oath. 

14. No person, entitled to vote at any town-meeting, 
shall be liable to arrest on civil process on the day on 
which such meeting is held. R. S. ch. 185, sec. 2 -^ C. S. 
ch, 197, sec, 2. 

FORM OF RECORDS OF TOWN MEETING. 

The town-clerk should first record the warrant for 
the meeting, and the return of posting up, at length, 
making a scroll or mark, with the letters, (i. S.) for 
the place of the seal, and put his attestation at the bot- 
tom of each: A true copy: March, — 1858. Receive dand 
recorded according to the original. Attest : R. M,, Town- 
Clerk. 

He should then record the proceedings of the meet- 
ing, the general form of which may be : 

At a legal town-meeting, duly notified and holden at 
]Sr., in the county of H., on Tuesday, the ninth day of 
March, in the year eighteen hundred and fifty-eight, 
the legal voters of said town, by major vote and by 
ballot. 

Chose C. G. A. moderator, to preside in said meeting, 
who, being present, took the oath of office by law pre 
scribed. 



84 RECORDS OP TOWN MEETINGS. 

Chose E. M. town-clerk, who, being present^ took the 
oath of office by law prescribed. 

Chose A. M., T. P. and F. S., selectmen of said town, 
who, being present, severally took the oath of office by 
law prescribed. 

Chose L. C. B., H. J. and D. P., superintending school 
committee of the town, &c. [Here insert all the town 
officers who are chosen by ballot.] 

The following votes of the inhabitants of said town, 
qualified to vote for senators, were given in for gov- 
ernor, for councillor and for senator, for register of 
deeds, county treasurer and county commissioner, and 
were received in presence of the selectmen of said 
town, in open meeting, by the moderator thereof, who, 
in said meeting, in presence of said selectmen and of 
the town-clerk of said town, sorted and counted said 
votes, and at the close of the poll made a public declar- 
ation of the whole number of the tickets given in, the 
name of every person voted for, and the number of 
votes for each person, which was as follows :. 

For Governor. 

A. B., one hundred and ten votes. 

C. B., ninety-six votes. 
E. F., ten votes. 

For Councillor. 

G-. H., one hundred votes. 
I. J., ninety-eight votes. 
K. L., two votes. 

For Senator. 

M. IsT., one hundred and five votes. 
O. P.^ one hundred and one votes. 

For Register of Deeds. 

E. B. had one hundred votes. 

J. L. had Mtj votes. * 

A. W. had one hundred votes. 

For County Treasurer. 

N. P. had one hundred votes. 

D. S. had one hundred votes. 



RECORDS OF TOWN MEETING. 85 

For County Commissioner. 

A. B. had one hundred and five votes. 
C. D. had one hundred and two votes. 
M. IsT. had five votes. 

The whole number of tickets given in at said meet- 
ing for said ofl&cers respectively was as follows : For 
governor^ two hundred and sixteen ] for councillor, two 
hundred ; for senator, two hundred and six ; for regis- 
ter of deeds, two hundred and fifty -, for county treas- 
urer, two hundred; and for county commissioner, two 
hundred and twelve. 

The alphabetical list of all the inhabitants of said 
town, qualified to vote for senator, having been lodged 
with the clerk of said town, and posted up at the town- 
house in said town, fifteen days prior to said ninth day 
of March, and the name of each voter having been 
checked by the town -clerk on said list during the bal- 
loting, the votes of the inhabitants of said town, quali- 
fied as aforesaid, given in for a representative to repre- 
sent said tovN'n in the general court of said State, were 
received in the presence of the selectmen, in open 
town-meeting, by the moderator thereof, who, in pres- 
ence of said selectmen and of the clerk of said town, 
sorted and counted the same, and at the close of the 
poll made a public declaration of the whole number of 
tickets given in, the name of every person voted for, 
and the number of votes for each person, which was 
as follows : 

A. B. had one hundred and ten votes. 

C. D. had one hundred votes. 

E. F. had three votes. 

L. T. had one vote. 

The whole number of tickets given in was two hun- 
dred and fourteen. 

And the said A. B., having a majority of all the 
tickets given in, was declared by the moderator to be 
elected representative for the ensuing year. 

The following votes of the inhabitants of said town, 
present and qualified to vote for representatives to the 
State legislature, were given in by ballot for one person to 



86 RECORDS OP TOWN MEETING. 

represent this State in the congress of the United States 
for the term of two years from and after the third day 
of said month of March, and were received in presence 
of the selectmen of said town, in open meeting, by the 
moderator thereof, who, in said meeting, in presence 
of said selectmen and the clerk of said town, sorted 
and counted said votes, and at the close of the poll 
made a public declaration of the whole number of 
tickets given in, the name of every person voted for, 
and the number of votes for each person^ which was 
as follows : 

For A. B., one hundred votes. 

For B. F., one hundred and two votes. 

The whole number of tickets given in for represent- 
ative to congress at said meeting, was two hundred 
and two. 

And the inhabitants of said town, legal voters therein, 
present at said meeting, by major vote. 

Chose T. M. collector of taxes, who, being present, 
took the oath of office by law prescribed. 

Chose A. B., CD., [here insert all the other town 
officers.] 

Voted, To raise the sum of four hundred dollars, for 
the repair of highways and bridges the ensuing year. 

Voted, To raise the sum of five hundred dollars, to 
defray the necessary charges and expenses of the town 
for the ensuing year. 

[Here insert all the votes of the meeting.] 

A true record : Attest : E. M., Town-Clerk, 

It will be observed that this record is the same as 
the returns of votes in chapters 11, 12, 13, 14 and 15. 
The return should always be a copy of the record, 
attested by the town-clerk, as in those forms. 

If there should be no choice of a representative to 
the general court at the first balloting, the form of the 
return should be altered, by inserting at the end of the 
list of votes for that ofiiee, the following words : And 
no person having a majority of all the tickets given in, 
it was declared by the moderator that there was no 
choice : 

Whereupon the inhabitants, qualified as aforesaid. 



RECORDS OF TOWN MEETING. 87 

proceeded to a second balloting, and the name of each 
voter having been checked by the town-clerk on said 
list, during the balloting, the votes, &c. 

[Here insert the whole of the remainder of the form just given.] 
If the meeting is adjourned, and the election takes 
place on the next day, the form of the record may be 
found at the end of chapter 15. 

Town-clerks should observe that some changes have 
been made in the law recently, so that the old forms 
are not correct. A little care will enable them, how- 
ever, to make a correct record or return. Much care- 
lessness has prevailed in this respect, and great hazard 
and inconvenience have often resulted from it. A few 
years since, more than half of all the returns of votes 
made to the secretary of State Avere incorrect in some 
respect. Town-clerks may now be required to attend 
at Concord, at tliew own expense^ and correct all errors 
in their records and returns, and this authority is 
often put in force. Such an exposure is not only mor- 
tifying to the officer, but often exposes him to the 
charge of unfitness or dishonesty, all which may be 
prevented by a little care and reflection. 



CHAPTER 16,A. 



OF CONTESTED ELECTIONS. 



7. What testimony to be heard. 

8. Compensation of sitting mem- 

bers. 

9. Compensation of contestant. 
10. Compensation when town is 

not authorized to elect. 



1. Notice of contested elections to 

be served. 

2. Testimony to be taken. 

3. Justices authorized to take. 

4. Penalty for false swearing. 

5. Caption of depositions. 

6. Remonstrance to be presented, 

when. 

1. In all cases in which the election of any repre- 
sentative to the general court from any place^ town, or 
city in this State shall be contested, it shall be the duty 
of the person intending to contest said election, or 
some one in his behalf, to serve a written notice upon 
the person declared elected as said representative, on 
or before the twentieth day of April succeeding such 
election, briefly stating that his election, or right to 
hold his seat as the representative to said court, from 
said place, town, or city, will be contested, together 
with the reasons for such contest. 

2. Either party in said case may take testimony in 
the same way and manner as testimony is now taken by 
depositions in cases at law. 

3. Any justice of the peace before whom such testi- 
mony shall be taken, or before whom notice shall be 
returned of the taking of such testimony, shall have 
the same powers and authority as by law is now given 
to justices of the peace in civil cases in taking deposi- 
tions to compel the attendance of witnesses. 

4. If any person who shall testify before any justice 
of the peace in such case, shall falsely swear, or give 
in his testimony, he shall be subject to the same punish- 
ment and liable to the same penalty as witnesses are 
now by law liable in civil cases, in which their deposi- 
tions may be taken. 

5. The justice before whom such testimony shall be 
taken, shall make his caption of the depositions, as in 



OF CONTESTED ELECTIONS. oy 

cases at law when depositions are taken, seal the depo- 
sitions and captions^ and direct the same to the clerk 
of the House of Eepresentatives, stating the session of 
the legislature at which it is to be used, and in what 
case it is to be used. 

6. The contestants in any such case shall not be 
entitled to a hearing unless the remonstrance shall be 
presented to the said House during the first week of 
the first session thereof Provided^ however , for good 
cause shown, the said House may thereafter entertain 
the same. 

7. The respondents in any such case shall not be 
entitled to a hearing as to any testimony which they 
are not ready to submit to the proper committee dur- 
ing the second week of the first session of the said 
legislature. Provided^ however, for good cause shown, 
the said committee may thereafter entertain the same. 

8. The party failing to sustain his right to a seat in 
such legislature shall not be entitled to any compensa- 
tion for his services as such representative, or for any 
expenses he may have incurred in such contest. 

9. The contestants in any such case shall not be 
entitled to any remuneration for the same, unless they 
shall be successful in such contest. 

10. ]^o person, who shall hereafter attend at any 
session of the general court as a member thereof, from 
any town or place, not having the requisite number of 
ratable polls, and not duly authorized by law thus to 
send such member, shall be entitled to receive any 
compensation therefor. 



TITLE III. 



OF THE ASSESSMENT AND COLLECTIOIsr OF 

TAXES. 

Chapter 17. Of persons and property liable to taxation. 

Chapter 18. Where and to whom persons and prop- 
erty shall be taxed. 

Chapter 19. Of the annual invoice of polls and taxa- 
ble property. 

Chapter 20. Of the appraisal of taxable property. 

Chapter 21. Of the assessment of taxes. 

Chapter 22. Of the abatement of taxes. 

Chapter 23. Of the collection of taxes of residents. 

Chapter 24. Of the collection of taxes of non-residents. 

Chapter 25. Of the State and county tax^ and the sur- 
plus revenue. 

Chapter 26. General provisions concerning the assess- 
ment and collection of taxes. 

Chapter 27. Of extents. 



CHAPTER 17. 



OF PERSONS AND PROPERTY LIABLE TO TAXATION. 



1. Polls, when taxable. 

2. Real estate, when taxable. 

3. Personal estate, when taxable. 

1. Stock in public funds ; 

2. Stock in corporations ; 

3. Surplus capital of banking 

institutions 5 



4. Money on hand and at in- 

terest ; 

5. Stock in trade ; 

6. Carriages ; 

7. Horses, asses and mules ; 

8. Neat cattle; 

9. Sheep ; 



COLLECTION OF TAXES. 



91 



10. Stocks, &c., out of the State. 

4. Railroads, how taxed. 

5. Tax, how distributed. 
5.6. Tax, how appropriated. 

6. Stockholders, list of furnished. 

7. Rules for taxation. 



7,6. A town cannot exempt land 
from taxation, when. 

8. "Insane," meaning of word. 

9. '* Stockholders,'' evidence of. 
10. Water power. 



1. All male polls, from 21 to 70 years of age^ are lia- 
ble to be taxed, except paupers and insane persons. 
R. S. ch. 39, sec. 1 ; 0. S. ch, 41, sec. 1. 

2. All real estate, except houses of public worship, 
school-houses, seminaries of learning, and property of 
the State and county, whether improved or unimproved, 
and whether owned by residents or others, is liable to 
be taxed; buildings, mills, carding machines, factory 
buildings and machinery, wharves, ferries, toll-bridges, 
locks and canals, shall, for the purpose of taxation, be 
deemed real estate ; all real estate owned by any rail- 
road corporation, except such as is used for their road 
and other ordinary and usual purposes of the corpora- 
tion, and all real estate owned or occupied by such cor- 
poration for their road, for which they have not ex- 
pended any part of their capital stock in such a man- 
ner as that the several towns through which such roads 
pass receive one fourth of one per cent., according to 
the provisions of chapter thirty-nine of the revised 
statutes, (sections four and fiYQ of this chapter,) shall 
be appraised and taxed in the several towns where the 
same may be located, in the same way as is by law 
provided for appraising and taxing real estate. R. 8. 
ch. 39, sec. 2, as amended by Laws of 1844, ch. 141 ; C. S. 
ch. 41, sec. 2. 

3. Personal property liable to be taxed is : 
Stock in public funds. 

Stock in corporations in this State, except manufac- 
turing and railroad corporations, and stock in any cor- 
poration out of this State, if not there assessed; pro- 
vided, that in either case a dividend or income is or 
may be derived from said stock, and notwithstanding 
such stock is mortgaged, pledged, or otherwise con- 
veyed as security. 
■ The surplus capital on hand in banking institutions 
in this State. Laws, 1849, ch. 848. 



92 PERSONS AND PROPERTY 

Money on hand, or at interest, more than the owner 
pays interest for, including money deposited in any 
bank or savings institution, or loaned on an^^ mortgage, 
pledge, obligation, note, or other security whatever, 
whether on interest, or interest to be paid or received 
in advance. 

Stock in trade, whether of merchants or shopkeepers, 
mechanics or tradesmen, employed in their trade or 
business, reckoning the same at the average value 
thereof for the year ; all raw materials and manufac- 
tures of any manufactory ; all wood, timber, logs and 
lumber, manufactured or otherwise, if exceeding fifty 
dollars in value ; [and all fishing vessels] Laws 1846, cfi, 
332, shall, for the purpose of taxation, be deemed stock 
in trade. 

All carriages, if exceeding fifty dollars in value. 

All horses, asses and mules, over eighteen months 
old. 

All oxen, cows, and other neat stock, over eighteen 
months old. 

All sheep over six months old. JR. S. ch. 39, sec. 3, as 
amended; ch. 41, sec. 3. 

Also all bank, railroad and other stocks in corpora- 
tions located out of this State, and owned by persons 
living in this State, which are not, by the towns and 
cities where such corporations are located, assessed and 
taxed to the individuals ow^ning the same, provided a 
dividend is or may be derived from said stock, and not- 
withstanding such stock is mortgaged, pledged, or 
otherwise conveyed as security. Also all ITnited States, 
State, city or county stocks or bonds, not exempt from 
taxation by the laws of the United States, shall in 
like manner and with like provisions be taxed to the 
persons owning the same in the towns w^here such per- 
son or persons reside. LaivSy 1853, ch. 1419, sec. 1. 

4. Every railroad corporation shall pay to the treas- 
urer of the State, on or before the first Wednesday of 
September annually, one per cent, on the value, on the 
first day of January preceding, of that part of its cap- 
ital stock expended within this State, to be determined 
by the certificate of the justices of the superior court. 
Said tax shall be assessed by said justices in proportion 



LIABLE TO TAXATION. 93 

as near as may be to the taxation of other property on 
the first day of April of each year in the several towns 
in which said railroads are situated. It shall be the 
duty of said railroad corporation to furnish said jus- 
tices all the necessary evidence for their action therein, 
and give reasonable notice to the State treasurer, in 
writing, of any application made for the assessment of 
taxes, so that he may attend at the hearing thereon, if 
deemed necessary. B. 8. ch. 39, sec. 4, as amended by 
Laws of 1843, ch. 34, sees. 3 and 4 ; C. S. ch. 41, sec: 4. 

5. The treasurer of said State shall assign and dis- 
tribute, on or before the first day of December an- 
nually, all sums so received by him, in the following 
manner : 

1st. To the several towns in which any railroad may 
be located, one fourth of said one per cent, paid by said 
railroad corporation, each town to receive in propor- 
tion to the capital stock expended therein for buildings 
and the right of way. 

2d. To the several towns in this State in which stock 
in any railroad shall have been owned on the first day 
of the April -next preceding, three fourths of one per 
cent, paid by said corporation on the stock owned in 
such town, upon receiving from the selectmen thereof 
satisfactory evidence that the same was owned in said 
town on said first day of April. B. S. ch. 39, sec. 5 ; 
G. S. ch. 41, sec. 5. 

5,b. Provided, that all sums of money which shall be 
assigned and distributed to any town by the treasurer 
of the State, under the fifth section of chapter 39, E. S., 
shall be paid in to the treasury of the town, to be ap- 
propriated as other town money. Laws, 1853, ch. 1415. 

3d. The remainder for the use of the State. B. S. 
ch. 39; sec. 5, amended by Laws of 1843, ch. 34, sec. 3 ; G. S. 
ch. 41, sec. 5. 

6. It shall be the duty of the agent of every such 
railroad corporation to transmit to the treasurer of the 
State, on or before the first day of June annually, a 
certified statement of the number of shares in such 
corporation, owned in each town in this State on the 
first day of April annually, and by whom owned, and 
such other information as mav be reauired to carry 



94 PERSONS AND PROPERTY. 

out the provisions of this and the two preceding sec- 
tions. B. S, ch. 39, sec. 6 ; G. S. ch. 41, sec. 6. 

7. Whenever any railroad corporation in this State 
shall neglect to pay to the treasurer of the State, on 
or before the first Wednesday of September annually, 
all taxes annually assessed on them by law, as provided 
by the third section of chapter thirty-four of the laws 
of this State, approved July 1, one thousand eight hun- 
dred and forty-three, [section 5 of this chapter, as 
now amended,] it shall be the duty of the treasurer of 
this State to issue an extent for all sums which shall 
remain unpaid after said day, and the same may be 
levied upon the property of such corporation. Laws 
1852, ch. 1294 ; C. S. ch. 41, sec. 7. 

7,^. Property in this State is taxed specifically; there- 
fore no property is liable to be taxed, unless it is in- 
cluded in the foregoing classes. This chapter states 
merely what property is taxable : the next states where 
and to whom it is taxable. 

A town cannot, by grant or stipulation in a convey- 
ance, exempt land from taxation. 1 Foster R. 393. 

8. The word '' insane" includes an idiot, a non com- 
pos, lunatic, or distracted person. JR. 8. ch. 1, sec. 15 ; 
a S. ch. 1, sec. 15. 

9. The certificate of the agent of the railroad corpo- 
ration, required by section 6, will probably be ^^ satis- 
factory evidence,^^ to the State treasurer, under section 
5, for the payment from the State treasury, of the pro- 
portion due to the several towns on stock owned 
therein, except where it is pledged or conveyed as 
security, in which cases the affidavit of the parties may 
be required. 

10. Water power for mill purposes not used, being 
merel}^ a capacity of land for a certain mode of im- 
provement, cannot be taxed independently of the land. 
22 FicL B. 22. 



CHAPTER 18. 



WHERE AND TO WHOM PERSONS AND PROPERTY 
SHALL BE TAXED. 



1. Inhabitants, who are deemed. 

3. Persons removing from town. 

4. Stock in corporations. 
4,6. Stock not to be twice taxed. 

5. Property of manufacturing 

and other corporations. 

6. Animals and stock in trade 

kept in any town, there 

taxed. 
6,6. Fishing vessels, where tax- 
ed. 
6,c. Lumber, where taxed. 
6,c?. Timber, where taxed. 

7. Property taxed to the person 

in possession. 
7,6. Property in unorganized 
places, where taxed . 

8. Person in possession refusing, 

how taxed. 

9. If no person in possession, 

how taxed. 

10. Unimproved lands of non- 

residents. 

11. Estates of persons deceased. 

1. Every person shall be taxed in the town in 
which he is an inhabitant or resident on the first day 
of April; for his poll and estate^ except in cases other- 
wise provided for by law. R. S. ch. 40, sec, 1. The 
word ^' inhabitant" may be construed to mean a resi- 
dent, or person dwelling and having his home. M. 8. 
ch. 1, sec. 5. For a fuller explanation of its meaning, 
see ante, ch. 9. See 10 N. H. B. 452. 

3. In case any person shall remove from town on or 
after the first day of April, he shall pay his taxes that 
year in the town from which he removed. Ihid., sec. 
3. See 9 N. H. B. 190. So if the town is divided. 
9 Pick. B. 323. 

4. The surplus capital on hand in banking institu- 



12. Estates of wards and trust 

funds. 

13. Persons believed to be inhab- 

itants, to be assessed. 

14. When taxes of such to be 

abated. 

15. Lien and remedy of persons 

taxed for property of oth- 
ers. 

16. Keeper of stud-horse to give 

security for tax. 

17. Penalty for refusal. 

18. General rules for taxation. 

19. " Real estate," where taxed. 

20. Railroad corporations, how 

taxed. 

21. Manufacturing companies, — 

how taxed. 

22. '* Stock" in Massachusetts, 

how taxed. 

23. " Toll bridges," how taxed. 

24. Shares, when to be taxed. 

25. *' Inhabitant," who is such. 



96 WHERE AND TO WHOM 

tions in this State shall be taxed in the towns wherein 
such banking institutions are located; iLaws of 1849, 
ch. 848 ;] stock in banks, insurance and other corpora- 
tions, except railroads and manufacturing corporations 
in this State, shall be taxed to the owner thereof in 
the town in which he resides, if in this State ; other- 
wise to the corporation in the town in which its prin- 
cipal office or place of business in the State shall be 
kept. jB. S. ch, 40, sec. 4 ; 0. S. ch. 42, sec. 4. 

And all bank, railroad and other stocks in corpora- 
tions, located out of this State, and owned by persons 
living in this State, which is not, by the towns and 
cities where such corporations are located, assessed 
and taxed to the individuals owning the same : pro- 
vided, a dividend or income is or may be derived from 
said stock, and notwithstanding such stock is mortgaged, 
pledged, or otherwise conveyed as security : also, all 
United States, State, city or county stocks or bonds, not 
exempt from taxation by the laws of the United States, 
shall in like manner and with like provisions be taxed 
to the persons owning the same, in the towns where 
such person or persons reside. Jjaws 1853, ch. 1419, sec. 1. 

4,&. Provided, That neither this act or the laws of 
this State shall be so construed as to cause any corpo- 
rate stocks or other property to be twice taxed. Laws, 
1853, ch. 1419, sec. 2. 

To know what stocks are to be taxed, see ch. 17, 
sec. 3. For the mode of appraisal, see ch. 20, sec. 1. 

5. Taxable property of manufacturing corporations 
in this State, and property taxable to any other corpo- 
ration, shall be taxed to such corporation by its corpo- 
rate name, in the town or place in which it is situated, 
except in cases where other provision is made. H. S. 
ch. 40, sec. 5. See 9 N. H. R. 423-0. 8. ch. 42, sec. 5. 

6. All animals liable to be taxed, kept in any town, 
and all stock in trade employed in any town, owned by 
any person not resident therein, shall be taxed in such 
town, to the owner or person having the care thereof 
on the first day of April, whether such person be a 
resident in town or not. B. 8. ch. 40, sec. 6 ; G. 8. ch. 
42, sec. 6. To know what is included in ^^ stock in 
trade,'' see ch. 17, sec. 3. 



PERSONS AND PROPERTY SHALL BE TAXED. 97 

6,6. In all cases where any fishing vessel shall be em- 
ployed in any business or trade transacted at any port 
or harbor, and shall sail from or return to such port^or 
harbor to discharge their cargo, such fishing vessels 
shall be assessed and taxed in the town or place within 
which such port or harbor may be, in the same way 
and manner as stock in trade may now be taxed by 
the sixth section of this chapter ; jprovided, that the 
provisions of this section shall not apply to fishing ves- 
sels owned in this State which sail to and from, and 
whose business is done at jDorts or places out of this 
State. Laws of 1846, ch, 332 ; G, S. ch. 42, sec, 7. 

6,c. All wood, bark, timber, logs and lumber, manu- 
factured or otherwise, exceeding fifty dollars in value, 
shall be taxed to the owner or owners thereof, in the 
town or towns where the same shall be on the first day 
of April in each year, if such owner or owners be 
known ; and if such owner or owners be not known, 
to the person or persons having the same in their care 
or custody on said first day of April; and any person 
or corporation which shall permit wood, bark, timber, 
logs and lumber to be laid on their premises, shall be 
deemed to have the same in their care or custody, for 
the purposes aforesaid, and shall have a lien on said 
property for the payment of said taxes ; provided, that 
one or more of the selectmen or assessors taking the 
inventory, shall, prior to or at the time* of taking the 
same, give to the person or corporation permitting 
such wood, bark, timber, logs and lumber to be laid on 
their premises, or to any of their agents, or their ten- 
ants in possession, having care and supervision of their 
property in the said town or towns, a notice in writ- 
ing, by him or them subscribed, stating the kind of 
property, the place where it is situate, and that they 
intend to tax the same; and an affidavit, made by the 
selectmen or assessors serving the said notice, shall be 
evidence of the fact in any court of law. Laws of 1850, 
ch. 991; 0. S.ch,4t2,sec. 8. 

6yd. That when the owners of wood, bark, timber, 
logs and lumber, manufactured or otherwise, on its way 
to market, or temporarily delayed on its way to mar- 
ket, on the first day of April in each year, shall reside 
6 



98 WHERE AND TO WHOM 

in this State, the same may be taxed to the owners 
thereof in the towns where such owners reside. Laws 
1858, eh. 2121. 

7. All real and personal property shall be taxed to 
the person claiming the same, or to the person who is 
in the possession and actual occupancy thereof, pro- 
vided such person will consent to be taxed for the 
same ; but such real estate shall be taxed in the town 
in which it is situate. B. 8. ch. 40, sec. 7 ; C, S. eh. 42, 
sec, 9. As to what is included in '' real estate," see eh. 
17, sec. 2. Lands in possession of an occupant cannot 
be taxed as non-resident lands. " 10 N. JEL. M. 138. 

7,6. Any personal property, liable by law to be 
assessed in public taxes, being on the first day of April 
in any unorganized place in this State, and the owner 
of which resides in an organized town or place, may 
be taxed to the owner in the town or place where he 
resides. Laws of 1850, eh, 972 ; C. 8. ch. 42, sec. 10. 

8. If any person, not the owner, shall be living on 
any farm, or in any house, on the first day of April, 
and shall refuse to be taxed for it, the same shall be 
taxed as resident, by the number of the lot, or such 
other description as it is commonly known by, with 
the name of the occupant, as such; and all property so 
taxed shall be holden and liable to be sold in the same 
manner that the real estate of residents is holden and 
sold for taxes. B. 8. eh. 40, see. 8 ; C. 8. eh. 42, sec. 11. 

9. If no person shall be in possession or occupation 
of any buildings deemed by the selectmen to be ten- 
antable, or of any other real estate improved as pas- 
ture, mowing, arable or otherwise, the same shall be 
taxed as non-resident by such description as it may be 
readily known by, with the name of the owner, if 
known. E. 8. ch. 40, see. 9 ; C. 8. eh. 42, sec. 12. 

10. Unimproved lands of non-residents shall be taxed 
in the name of the owner, if known; otherwise in 
the name of the original proprietor, if known ; other- 
wise without any name, and by the number of lot and 
range, if lotted, and the quantity thereof, or by such 
other description as it may be readily known by. R. 8. 
ch. 40, see. 10 ; C. 8. eh. 42, see. 13. 

11. Estates of persons deceased may be taxed to the 



PERSONS AND PROPERTY SHALL BE TAXED. 99 

widow, any of the children, heirs or other person, who 
will consent to be considered as in possession thereof; 
otherwise to the heirs generally of such deceased per- 
son. R. S. ch. 40, sec. 11 ; C. S. ch, 42, sec. 14. By 
^' consent'^ is understood an agreement that the prop- 
erty may be so taxed. Without such agreement it 
should be taxed '^ To the heirs of A. B., deceased.'^ 

12. The real and personal estate of any legatee or 
ward, and all taxable property held in trust, shall be 
assessed to the administrator, trustee, or guardian, or 
other person holding such property in trust ; the real 
estate in the town in which it is situate, and the per- 
sonal estate in the town in which such administrator, 
trustee, or guardian may reside, if in the State ; other- 
wise in the town in which such legatee, ward, or 
person beneficially interested, shall reside; provided, 
however y that stock and all goods and chattels shall be 
taxed in the town in which they are kept. R. S. ch. 
40, sec. 12 ; C. S. ch. 42, sec. 15. Such property is in 
all cases to be taxed to the administrator, guardian, or 
person holding the same in trust. If he lives within 
the State, the personal property is to be taxed to him 
in the town in which he lives ; if he lives out of the 
State, it is to be taxed to him in the town in which the 
legatee, ward, or person beneficially interested, lives. 
By ^^ reside/' is probably meant, Aas Ais dwelling-place 
or home. By ^^ stock, and all goods and chattels,^' is 
probably meant ^^ animals,^' and ^^ stock in trade,'' spec- 
ified in section 6, of this chapter. 

13. The selectmen shall assess all persons whom 
they believe to be inhabitants of the town on the first 
day of April. If any person so assessed shall tender 
to the selectmen his afiidavit, stating that before the 
first day of April he had removed from said town, and 
become an inhabitant of any other specified place, and 
answer such interrogatories under oath as the select- 
men may propose relative to his residence, they may 
suspend the collection of such tax. R. S. ch. 40, sec. 13 ; 
0. S. ch. 42, sec. 16. As to who are inhabitants, see 
sec. 1, of this chapter. 

14. If the person so assessed and examined shall, within 
one year from said first day of April, produce to said 



100 WHERE AND TO WHOM 

selectmen the certificate, under oath, of the selectmen 
of any other town that he was assessed in that town 
as an inhabitant, and how much, and has paid the tax, 
and that the same is the legal tax for the year upon his 
poll and whole estate, the first mentioned tax may be 
abated, otherwise it shall be collected. B, 8. ch. 40, 
sec. 14 ; G. S. ch. 42, sec. 17. If the assessment was 
illegal, the selectmen would nevertheless be liable ; but 
they may abate the tax in any case. Ch. 22, sec. 1. 

The Form of the Selectmen's Certificate may be 
as follows : 

To whom it may concern : This certifies that A. B. was, 
in our opinion, a legal inhabitant of the town of C, in 
the county of E., on the first day of April, A. D. 1858; 
that he was assessed in said town as an inhabitant, in 

the sum of dollars, cents ; that said sum is the 

legal tax for the year upon the poll and whole estate 
of said A. B., and that he has paid the same. 

G. H.) 

L. P. Y Selectmen of C. 
K O. ) 

R , ss.. May 1, 1858. Then personally appeared 

the said G-. H., L. P. and N. O., selectmen of the town 
of C, and severally made oath that the foregoing cer- 
tificate by them signed is in their belief true. 

Before me, P. D., Justice of the Peace. 

15. Any person or corporation to whom any tax may 
be legally assessed upon the property of any other per- 
son or corj)oration, shall have a lien upon such prop- 
erty, and the income or dividends thereof, until such 
tax is repaid to them ; shall be allov/ed the same upon 
settlement of their accounts, and shall have a right to 
recover the same against the owner, by action for 
money paid to his use. B. S. ch. 40, sec. 15; C. S. ch. 
42, sec. 18. 

16. The selectmen shall appraise and assess, in all 
taxes of the year, every stud-horse or ass which shall 
be kept in the town for the use of mares at any time 
after the first day of April, and may require the owner, 
or person having the care of such animal, to give secu- 
rity to their satisfaction, to pay such taxes, or produce 



PERSONS AND PROPERTY SHALL BE TAXED. 101 

satisfactory proof, within thirty days^ that such animal 
has been duly taxed in some other town in this State. 
B. S. ch. 40, sec. 16; C. S. ch, 42, sec. 19. This may be 
done after the taxes are made, and a warrant therefor 
issued to the collector. 

17. If the owner, or person having the care of such 
horse or ass, shall neglect or refuse to give such secu- 
rity upon request, he shall forfeit three times the 
amount of the tax so assessed, for the use of the town. 
B. S. ch. 40, sec. 17 ; C. S. ch. 42, sec. 20. 

18. This chapter provides for the place where and the 
persons to whom property is to be taxed ; the preceding 
chapter states what property is liable to be taxed, and 
no proj^erty is to be taxed unless expressly mentioned 
in that chapter as taxable. For the mode of appraisal, 
see ch. 20. 

19. Eeal estate, when liable to be taxed at all, is in 
all cases to be taxed in the town in which it is situate. 

20. Eailroad corporations, lying in this State, paying 
one per cent, into the State treasury, no property own- 
ed by them, nor any stock therein, is liable to be taxed 
again except in the case provided for, ch. 20, sec. 4. 
Stock in railroads lying out of the State, if owned by 
inhabitants of this State, is liable to be taxed, if not 
assessed in the State in which such road lies. See ch. 18, 
sec. 4, ante. 

21. Manufacturing corporations in this State are 
taxed for all their property, either as ^^ real estate'^ or 
^^ stock in trade.^^ Ch, 17, sees. 2, 3. Stock in such 
corporations is not, therefore, to be taxed. Ibid., sec. 3. 

But stock in manufacturing companies, situate out of 
the State, owned by inhabitants of this State, is taxable 
here, if not assessed there. 

22. ^^ Stock in all moneyed corporations" in Massachu- 
setts is there liable to taxation. Mass. B. S. ch. 7, sec. 4. 

23. Toll bridges belonging to a corporation are to 
be taxed to the corporation. 8 JS^. H. B. 207. And toll 
bridges across Connecticut river are taxable in this 
State. Ibid. 

24. When the property of a corporation is taxed to 
the corporation, the shares in such corporation are not 



102 INVOICE OF POLLS AND TAXABLE PROPERTY. 

liable to Ibe taxed to the stockholders. 8. JSF. JEL. E. 209 ; 
9 N. H. B, 423. See, also, ch, 18, sec, 4, ante. 

25. If a person, having his home in a town, leaves 
for health or business for an uncertain time, intending 
to return and take up his abode, he is liable to be taxed 
for his person and estate in such town, though he was 
absent sixteen months and his family twenty-five 
months. 1 Metcalf B. 252. But not, if he left town 
without such intention to return. 1 Metcalf B. 246. 

If A. moves into the town of M. on the first day of 
April, under an engagement to remain one year, and it 
does not appear that he has any home elsewhere, or 
any intention to go to any particular place after his 
engagement, he is liable to be taxed in M. 10 N. H. 
B. 452. 

Aliens, inhabitants, are ratable for their polls as well 
as their estate. 7 Mass. 523. 

A person liable to be taxed for his poll and personal 
estate in one town, cannot be legally taxed in another, 
even by his own consent. His election to be taxed in 
a town is merely one circumstance, to be weighed with 
others, in determining where is his home. 12 Fick. B. 
7 ; 17 Pick. B. 231. 



CHAPTER 19. 



OF THE ANNUAL INVOICE OF POLLS AND TAXABLE 
PROPERTY. 



1 . Invoice to be taken in April. 

2. Selectmen to give notice. 

3. Or make personal application. 

4. Account to be exhibited on 

oath. 

5. Doomage, in case of neglect. 

6. Willful omission, penalty. 
6,6. Fraudulent deposit, penalty. 



7. Agents of corporations to give 

account of taxable property. 

8. Doomage, in case of neglect. 

9. Agents of corporations to give 

list of shares and deposits. 

10. Penalty for neglect. 

11. Form of account. 



INVOICE OF POLLS AND TAXAbLE PROPERTY. 103 



12. Banks, cashiers of to notify 

assessors of list of stock- 
holders. 

13. Penalty for neglect. 



14. Savings banks, treasurers of, 
to notify assessors of list of 
depositors. 

15. Penalty for neglect. 

16. Treasurers of loan fund asso- 
ciations to notify assessors. 

1. The selectmen of eacli town shall annually, in the 
month of April^ take an invoice of all the polls and 
property liable to be taxed in such town on the first 
day of the same month. R. S. ch. 41, sec. 1 ; C. S. ch. 
43, sec. 1. 

For' form of such invoice see ch. 21. 

2. The selectmen may seasonably give notice of the 
time and place appointed by them to receive an ac- 
count of the polls and taxable property in such town, 
by posting up advertisements at some public place or 
places in such town, or in any other manner the town 
may at any legal meeting direct. M. S. ch. 41, sec. 2 ; 
a S. ch. 43, sec. 2. 

The Form of such notice may be thus : 
To the Inhabitants of the Town of D., and persons liable to 
be assessed therein. 

You are hereby notified that the subscribers will be 
in session at the house of C. D., in said town, on Mon- 
day the fifth, Tuesday, the sixth, and Saturday, the 
tenth day of April next, from eight o'clock, A. M., to 
six o'clock, P. M., of each day, for the purpose of re- 
ceiving an account of the polls and taxable property in 
such town, which account you are required to render. 
G-iven under our hands this twentieth day of March, 
1858. 

N. P.) 

L. B. y Selectmen of D. 

C. T.) 

3. The selectmen, or either of them, may make per- 
sonal application to the respective inhabitants of the 
town, to any person having the care of personal prop- 
erty taxable therein, and to the officers of any corpo- 
ration, for an account of the polls and ratable estate for 
which they are liable to be taxed. H. S. ch. 41, sec. 3 ; 
a S. ch. 43, sec. 3. 



104 INVOICE OF POLLS AND TAXABLE PROPERTY. 

4. All persons liable to be taxed in such town shall 
exhibit to the selectmen, at the time and place ap- 
pointed by them, or upon such personal application, a 
true account of the polls and estate for which they are 
there taxable, either in their own right or otherwise, 
on oath, if required by either of the selectmen, w4iich 
oath either of the selectraen may administer. B. S. 
ch. 41 sec. 4 ; G. S. ch. 43, sec. 4. 

The account given in should be taken down in writ- 
ing by the selectmen, and an Oath administered as fol- 
lows: 

" You solemnly swear that the account which you 
have now given in, is a true and perfect account of all 
the polls and estate for which you are liable to be taxed 
in this town, either in your own right or otherwise. 

So HELP YOU GOD.^' 

5. If any person shall neglect or refuse, after due 
notice given as aforesaid, or when called upon by any 
selectman, to give such account, the selectmen shall set 
down to such person, by way of doomage, as much as 
they judge equitable, which shall be conclusive in all 
cases, unless the party shall show, by his statement 
under oath, that it was not in his power to exhibit such 
statement. JR. S. ch. 41, sec. 5 ; C. S. ch. 43, sec. 5. This 
applies to the case where the party neglects or refuses 
to exhibit any account of his taxable property, or to 
make oath. 

6. If any person, in giving to the selectmen such 
account, shall willfully omit any part of the estate for 
which he is taxable, the selectmen may, upon discovery 
of the fraud, assess such person, in ail taxes of that 
year, four times as much as such estate, if given in, 
would be legally taxable. JR. S. ch. 41, sec. 6 ; G. S. ch. 
43, sec. 6. This applies to the case where the party 
gives in an account, but intentionally omits a part of 
his taxable property. 

6,6. If any person, with intent to avoid taxation, 
shall deposit money in any savings bank, under a false 
name or false residence, he shall be subject to pay taxes 
on three times the amount of money so deposited, for 
the use of the town in which he resides. Laws, 1853, 
ch. 1419, sec. 3. 



INVOICE OE POLLS AND TAXABLE PROPERTY. 105 

7. The cashier^ treasurer, agent, or other principal 
officer of every bank, savings institution, insurance 
company, railroad or other corporation, shall, upon ap- 
plication in person, or by writing by any selectman, 
furnish at the principal place of business of such cor- 
poration, an account in writing, on oath, if required, of 
all the ratable estate of such corporation, and a like 
account of all shares and deposits therein, which are 
owned by any person resident, or corporation estab- 
lished out of the State, within four days after such ap- 
plication. R. S. ch. 41, sec, 7 ; G. S. ch. 43, sec. 7. 

8. If such officer of any corporation as aforesaid, 
shall neglect or refuse, upon application, to give such 
account of its ratable estate, such corporation may be 
doomed in the same manner as individuals ; and if any 
such property shall be willfully omitted in such account, 
such corporation may be assessed fourfold therefor, in 
the same manner as individuals are liable. B. S. ch. 
41, sec. 8 ; C. S. ch. 43, sec. 8. 

9. The cashier, or other principal officer of every 
bank or other corporation as aforesaid, shall, upon such 
application, furnish a like account of all shares or de- 
posits therein, owned by any inhabitant of the town of 
which the person applying is selectman, and the value 
thereof, whether mortgaged or pledged, or not, within 
four days after such application is made. H. S. ch. 41, 
sec. 9; C. S. ch. 43, sec. 9. 

10. If any such officer shall willfully neglect or refuse 
to furnish as aforesaid any such account as is required 
by this chapter, he shall forfeit a sum not less than one 
hundred nor more than four hundred dollars, for the 
use of such town. Ibid., sec. 10. See further as to 
doomage, ch. 26, sees. 10 and 11. 

11. The Form of Invoice to be exhibited to the 
selectmen may be : 

To the Selectmen of C. 

The following is a true account of the polls and estate 
for which I am taxable in said C, in my own right or 
otherwise, namely : 

One poll J 
6* 



106 INVOICE OF POLLS AND TAXABLE PROPERTY. 

My homestead farm and buildings, bounded north by, 
&c., valued at $1400 ; 

Sixteen acres woodland, on Dark Plain, adjoining 
land of I. H., valued at $160 ; 

One share in M. C. Bank, valued at $100 , 

1600 dollars money on band, at interest, and on 
deposit, more than I pay interest for ; 

1000 dollars stock in trade, including logs and lum- 
ber; 

One chaise, valued at $50 ; 

One horse, valued at $50 ; 

6 cows, oxen and neat stock, over eighteen months 
old, valued at $90. 

6 sheep, over six months old, valued at $10 ; 

A B . 

April 8, 1858. 

If sworn to, the Form of Oath and Certificate 
may be : 

M ss., April 8, 1858. Personally appeared 

A. B., and made oath that the above account by him 
subscribed is true. Before me, 

, Selectman of C. 

If the person has property in his hands as admin- 
istrator, guardian, &c., he should add to his own 
invoice : 

Estate of 0. D. in my hands as administrator : 

"500 dollars money at interest,^^ &c., as the case 
may be. 

12. It shall be the duty of cashiers of the several 
banks in this State, on or before the third day of April 
in each year, to make out a notice in writing to the 
assessors of the several towns in this State, in which 
persons may reside who own shares in their respective 
banks ; in which notice shall be stated the name or 
names of the person or persons who owned shares in 
their respective banks on the first day of April in each 
year, the number of shares owned by each, and the 
par value of a share ; and to deposit said notice in the 
post-office in the town in which any such cashier may 
reside, directed to the directors aforesaid. Laws 1845, 
ch. 251, sec, 1 ; 0. S. ch. 148, sec. 41. 



INVOICE OF POLLS AND TAXABLE PROPERTY. 107 

13. The cashier of any bank in this State^ who shall 
neglect or refuse to comply with the provisions of the 
preceding section, shall forfeit the sum of fifty dollars 
for each oifence, to be recovered by indictment for the 
use of the town in which persons may reside owning 
shares as aforesaid. Laws 1845, cJi, 251, sec, 2 ; C. S, 
ch. 148, sec. 42. 

14. It shall be the duty of the treasurers of the sev- 
eral savings banks in this State, on or before the third 
day of April, in each year, to make out notices, in writ- 
ing, to the assessors of the several towns in this State, 
in which persons may reside having deposits of the 
amount of one hundred dollars or upwards in their 
respective banks, stating the names of such depositors 
and the sums deposited by each, and to deposit such 
notices in the post-office in the town in which any 
such treasurer may reside, directed to the assessors 
aforesaid. Laws, 1848, ch. 737, sec. 1 ; C. S. ch. 148, 
sec. 66. 

15. The treasurer of any savings bank in this State, 
who shall neglect or refuse to comply with the provis- 
ions of the preceding section, shall forfeit the sum of 
fifty dollars for each offence, to be recovered by indict- 
ment for the use of the town in which persons may 
reside having deposits in such savings bank as afore- 
said. Laws 1848, ch. 737, sec. 2 ; G. S. ch. 148, sec. 67. 

16. It shall be the duty of the treasurers or the per- 
sons having charge of the funds of all loan fdnd asso- 
ciations existing within this State, to make out notices 
in writing to the assessors of the several towns in this 
State in which persons may reside, who have depos- 
ited or paid the amount of one hundred dollars or up- 
wards into their respective loan fund associations, 
stating the names of such depositors, and the sums 
deposited or paid in by each, and to forward such 
notices in the same way and manner, and under the 
same penalties for neglect, provided by chapter 737, 
Pamphlet Laws of 1848, in the case of savings banks. 
Laws 1858, ch. 2131. 



CHAPTER 20. 



OF THE APPRAISAL OF TAXABLE PROPERTY. 



1. Selectmen to appraise truly. 

2. Several interests and timber to 

be appraised separately. 

3. Manner of making invoice. 



4. Deduction from invoice of in- 
sane persons. 

5. Value of shares ascertained. 

6. Appraisal made under oath. 

1. The selectmen shall appraise all taxable property 
at its full and true value in money, and shall receive 
and consider all such evidence as may be exhibited to 
them relative to the value of shares in corporations 
and other property, the value of which cannot be de- 
termined by personal examination. They shall deduct 
from the appraised value of shares in any corporation, 
a just proportion of the value of any estate of such cor- 
poration which shall be legally taxed elsewhere, upon 
satisfactory evidence thereof under oath. B. S. ch. 42, 
sec. 1 ; O. S. ch. 44, sec. 1. 

2. Whenever it shall be made to appear to the 
selectmen that several persons are owners of several 
interests in the same real estate, or that one person is 
the owner of land and another is the owner of any 
building, timber or wood standing thereon, or ores or 
minerals therein, they shall, upon request, appraise 
such several interests, and assess the same to the sev- 
eral owners thereof separately. E. S. ch. 42, sec. 2 ; 
amended by Laws 1852, ch. 1291 ; C. S. ch. 44, sec. 2. 
This is to be done only upon request, and upon satis- 
factory evidence of such several interests, 

3. The selectmen shall set down in their invoice, in 
separate columns, the value of improved and unim- 
proved land, including buildings not specially desig- 
nated ; mills and carding machines ; factories and 
their machinery ; wharves ; ferries ; toll-bridges ; locks 

•and canals; the value of stocks in public funds; of 
shares in banks and other corporations; the amount of 
money on hand, at interest, or on deposit; stock in 
trade; the value of carriages; the number and value 



APPRAISABLE OF TAXABLE PROPERTY. 109 

of horses, asses and mules ; of cows, oxen and other 
neat stock; and of sheep. Ibid., sec. 3. 

In making invoice, the selectmen shall set down in 
the column of improved and unimproved land, all 
buildings situated on such land, and owned by the 
owner of such lands, except such buildings as are spe- 
cially designated in the third section of said chapter, 
[forty-two of the Eevised Statutes.] Laws 1844, ch, 
142; a S. ch. 4.4:, sec, 4.. 

For form of invoice and rules for taxation, see chap- 
ter 21. 

4. The selectmen shall make such deductions from 
the appraised value of the property of insane persons 
as they shall think just and reasonable, whenever it 
shall appear that the income of their estates is not suf- 
ficient to support them. lUd., sec. 4. In ^^ insane per- 
sons'' are included a non compos, idiotic, lunatic, or dis- 
tracted person. R. S. ch. 1. sec. 15 ; G. S. ch. 1, sec. 15. 

5. The taxable value of shares in corporations may 
be ascertained by first ascertaining their market value, 
and also the amount of the estate for which the corpo- 
ration is taxed, of which the stockholder must furnish 
" satisfactory evidence,^^ if he claims a deduction. Di- 
vide the amount of the corporate estate so taxed by 
the whole number of shares in the corporation, which 
will give the proportion for which each share is already 
taxed. Deduct this amount from the market value of 
the shares, and the balance will be the value of the 
shares upon which the tax is to be assessed. The 
reason is, that otherwise the property would be twice 
taxed ; to the corporation as estate, and to the stock- 
holder as stock. 

6. All appraisals of property by selectmen are made 
under the sanction of their oath of office, which is to 
^^ appraise all taxable property at its full and true 
value in money ,^^ although no oath is now required 
immediately before the appraisal. 

The tax will be void if there be no invoice and 
appraisal. 3 Mass. B. 429. 



CHAPTER 21. 



OF THE ASSESSMENT OF TAXES. 



10. Keturn to county treasurer, 

form. 

1 1 . Return to town treasurer, form . 

12. Form of a collector's warrant. 

13. Assessment, when illegal. 

14. List and warrant must be each 

signed. 
14jC. Collector cannot justify an 
arrest when the list is not 
signed by the selectmen. 

15. Assessment of school tax. 

16. Assessment of highway tax. 



1. Taxes, how assessed. 

2. What property exempted. 
2,6. Town cannot exempt, when. 

3. Selectmen to assess taxes. 

4. Five per cent, to be assessed 

extra. 

5. Several taxes may be included 

in one assessment. 

6. Record of invoice and taxes. 

7. Returns to State and county 

treasurers. 

8. Collector's list and warrant. 

9. Return to State treasurer, form. 

1. All taxes for the year following, shall be assessed 
upon the invoice made as aforesaid, estimating each 
poll at one dollar and twenty cents, and taxable prop- 
erty at the rate of fifty cents on each hundred dollars 
of its appraised value. B. S. ch. 43, sec. 1 ; Lmvs of 
1851, ch. 1115 ; G. S. ch, 45, sec. 1. 

2. Any town may, at their annual meeting, an arti- 
cle for that purpose being inserted in the warrant, 
exempt unimproved lands of non-residents from any 
tax or part thereof B. S. ch. 43^ sec. 2 ; G. S. ch. 4t^, 
sec. 2. 

2,6. But " a town cannot, by grant or stipulation in a 
conveyance, exempt land from taxation.^' 1 Foster B, 
393. 

3. The selectmen shall seasonably assess all State and 
county taxes for which they shall have the warrants of 
the State and county treasurers respectively ; all taxes 
duly voted in their towns, and all school and school- 
house taxes authorized by law, or by vote of any school 
district, duly certified to them. B. S. ch. 43, sec. 3 ; G, 
S. ch. 45, sec. 3. 

Assessors have no power to act, in relation to the as- 
sessment of taxes, independently of the selectmen ; but 



ASSESSMENT OF TAXES. Ill 

they constitute part of a joint board with the select- 
men, and can act only as members of such board. 12 
N, H. E, 283. 

But selectmen may alone assess taxes if no assessors 
are elected. 8 Foster B. 419. 

4. In assessing such taxes, the selectmen may assess 
a sum not exceeding five per cent, more than the amount 
of such tax, to answer any abatements that may be 
made ; which shall be paid into the town treasury, for 
the use of the town. R. S. ch. 43, sec. 4 ; C. S. ch. 45, 
sec. 4. 

5. The selectmen may include in one assessment the 
State, county, town, and school taxes, or so many of 
them as may be found convenient. B. S. ch. 43, sec. 5 ; 
0. S. ch. 45, sec. 5. 

6. A fair record shall be made of every invoice taken 
by the selectmen, and of all taxes by them assessed, in 
a book of records of the doings of the selectmen, in 
their office, which shall be the property of the town ; 
and such invoice and assessments, or a copy thereof, 
shall, prior to the first day of July, be left with the 
town-clerk, and recorded by him; and both of said 
records shall be open to the inspection of all persons. 
Ibid., sec. 6. 

The invoice and tax lists, as recorded by the select- 
men, should be certified and signed by them. For Form 
and Directions, see end of Chapter. 

7. The selectmen shall seasonably make a return to 
the State and county treasurers of the names of the 
collectors of their respective towns, with the date of 
their warrants, with the amount they are required to 
pay to such treasurers respectively, and at what times. 
Ibid., sec. 7. 

8. A list of all taxes by them assessed shall be made 
by the selectmen, under their hands, with a warrant 
under their hands and seal, directed to the collector of 
such town, requiring him to collect the same, and to 
pay over to the State and county treasurer, and to the 
selectmen or town treasurer, such sums at such times 
as may be therein prescribed. Ibid,, sec. 8. 



112 ASSESSMENT OF TAXES. 

9. The Eeturn to the State treasurer may be thus : 
To the Treasurer of the State of New-Hampshire : 

Agreeably to a warrant by you issued, dated Decem- 
ber 1, 1857, we have assessed upon the polls of the in- 
habitants of the town of , and upon estate taxable 

therein, the sum of ; and have committed lists 

thereof to A. B., collector of said town, with warrants 
bearing date May 1, 1858, directing him to pa^^ said 
sum to you on or before the first day of July, 1858. 

Witness our hands, this first day of June, 1858. 

IST. D., &c., Seleetmen of . 

10. The Eeturn to the county treasurer may be in 

the same form, substituting the words Gouiity of , 

instead of '^ State of New-Hampshire.'' 

11. The selectmen should also give to the town 
treasurer a Certificate of all the taxes which are pay- 
able to him by the collector, which may be in form as 
follows : 

To A. B.J Treasurer of the Town of D. : We have 
assessed upon the ratable polls and estate in said town 

the sum of dollars, voted by said town to be raised 

to defray town charges, and have committed to N. P., 
collector of said town, a list of said assessment, with a 

warrant bearing date , 18 — , requiring him to pay 

you the sum of dollars on or before the day 

of next, and the residue on or before the day 

of next. 

Witness our hands this day of — ^ — , 1858. 

Gr. H., &c., Selectmen of . 

If the highway tax is ordered to be paid in money, 
after the word ^' town charges,'' in the above should 

be added, ^^ and also the sum of , voted by said 

town to be raised for the repairs of highways and 
bridges." 

12. The Form of the Warrant for the collection 
of the taxes of inhabitants may be thus : 

STATE OF NEW-HAMPSHIEE. 

[L. S.] Sullivan ss. To John Smith, Collector of 
Taxes for the Town of Cornish ^ in said County. 
In the name of said State, you are directed to levy 



ASSESSMENT OF TAXES. 113 

and collect of the several persons named in the list 
herewith committed to you, the taxes in said list set 
against their names respectively, the whole amounting 

to the sum of ; and we further order you to pay 

the same, w^hen collected, as follows : To the treas- 
urer of said State the sum of , to be paid on or be- 
fore the day of next ; to the treasurer of 

the county of Sullivan the sum of , to be paid on 

or before the day of next ; to the several 

school districts in said town as follows : No. 1, the sum 

of dollars; ]^o. 2, the sum of, &c., — said sums to 

be paid to the prudential committees of said districts 

respectively, one third on or before the day of 

next, and the remainder on or before the 

day of next ; and to the treasurer of the said 

town the remainder of said list, as follows : The sum 

of , on or before the day of next ; and 

the balance on or before the day of next. 

The list aforesaid is a correct list of the assessment of 
the State, county, town and school taxes for the year 
1858, upon the ratable polls and estates of the inhabit- 
ants of said Cornish, as made by us, the selectmen of 
said Cornish. 

If any person named in said list, after having re- 
ceived from you a written notice of the tax for which 
he is liable, given to him in person or left at his usual 
place of abode by you, shall neglect or refuse, for the 
space of fourteen days, to pay the same ; or if any cor- 
poration named in said list, after a like notice, shall 
neglect or refuse to pay such tax ; or if you have reason 
to believe that any person named in said list is about 
to remove from town, and such person shall, on demand, 
neglect or refuse to pay his tax, you are directed to col- 
lect the same by distress and sale of the goods of such 
person or corporation, in the mode prescribed by law ; 
but you are not to distrain the tools or implements of 
any person necessary for his trade or occupation, nor 
his arms, nor his utensils of household necessary for 
upholding life ; nor bedding or apparel necessary for 
him or his family ; nor the uniform, arms or equipments 
of any officer, non-commissioned officer or private. 
And for want of goods and chattels whereon to make 



114 



ASSESSMENT OF TAXES. 



distress, you are directed to take the body of any per- 
son refusing or neglecting to pay as aforesaid, and to 
commit him to the common jail, there to remain until 
discharged according to law. 

If any person shall die, or remove from the town, 
without having paid the tax aforesaid assessed against 
him, and shall leave in said town no personal estate on 
which distress can be made ; or in case any person or 
persons shall neglect or refuse to expose goods and 
chattels whereon distress may be made, you are di- 
rected, within one year from the first day of June next, 
to sell so much of the real estate of such delinquent as 
will pay the taxes and incidental charges, and to exe- 
cute a conveyance of the same in the manner prescribed 
by law. 

Given under our hands and seal, at Cornish, this first 
day of May, in the year 1858. 

G. D.) 

H. F. V Selectmen of Cornish, 

E. D.j 

If the highway tax is directed by the town to be paid 
in money, the word " highway'^ should be added in said 
form before " and school. ^^ And so also in case of 
school-house taxes ; after '' inhabitant of said Cornish,^^ 
in the form, add — and of the school-house tax assessed 
upon the ratable polls and estate in District No. 3, in said 
toivn. 

13. In making an assessment, the selectmen should 
be careful not to exceed the sum voted, and five per 
cent, in addition ; if it does exceed it, even a few cents, 
the tax will be illegal, and the selectmen liable. 2 Green- 
leaf B. 357 ; 20 Pick. B. 418. 

14. The list of assessments must be signed, even if 
the warrant is upon the same paper, and signed also. 
3 Greenleaf B. 220. 

14,&. A list of taxes, although contained in the same 
book with the warrant of the selectmen for the collec- 
tion thereof, and although the warrant be under the 
hands and seals of the selectmen, and contain a direc- 
tion to the collector to collect the taxes ^^ in the list 
herewith committed,'^ the same being in no other Avay 



ASSESSMENT OF TAXES. 115 

authenticated or signed by the selectmen, is not a list 
of taxes under the hands of the selectmen^ within the 
meaning of the provisions of ch. 43^ sec. 8^ B, S. 2 Fos- 
ter B. 34. 

The list of taxes committed to the collector must be 
signed by the selectmen. 8 Foster B. 435. 

A warrant and tax bill signed by a majority of the 
board of selectmen, is sufficient. 5 Foster B. 251. 

14,(?. A collector cannot justify an arrest by virtue of 
a list and warrant where the list is not signed by the 
selectmen, such a process is void upon its face. 8 Fos- 
ter B. 402. 

15. For the assessment of school taxes, see Schools. 

16. For the assessment of a highway tax, see High- 
ways. 

17. For further directions, see cJi, 26. 

If the selectmen neglect to make a record of the in- 
voice and assessments, and to leave the same or a copy 
with the town-clerk, to be recorded by him according 
to the 6th section of chapter 43, R. S., the tax will be 
illegal and void. See 14 Mass. B. 177; 1 Pick. B. 482. 

If the selectmen, through error of judgment or mis- 
take of the law, omit to tax a person, liable to be taxed, 
it will not render the whole assessment illegal. See 
21 Pick. B. 81, • 



116 



FORM OF INVOICE. 



si O CD 
s CD c« 

r* -^ CO 






-^ 5 o P 



-CD s- 2 EL' 



go CO 
t5 ^-- CD 



CD kq3 

o ^^ 

&" 5 CD 

- ^ P 

a ^^ 

-s a 3 

^ S" - 

CD C£_ -5 
^ S" 3 



i Pj i:^ <^ CD 



c-t- ZJ *-" 



p 2. ^o. 

gl CD TO o 

Cf Q S S- 3 



Si's ^ 



Up 3 



I'M. §^ 3 

CD § acj 



i:^P P 



p g. J= 
j» ^. s 

>^ >- --^ 

i TO H5-5 

p S- 2. 

^ ^ B- 

^ S^ CD 
. -t 

a - p 



^ 3 

CD go 



H-. P 



&■ 



P 

s p 

c« «^ 
CD CD 



a2- 



«> r+ E 
-^ hJ o 



^ CD 



The foregoing is an Invoice of all 
State of New-Hampshire, taken Apri 


Gideon Patch, 
Joseph Roger?, 
Abram Taylor, 
Warren Company, 
White Bridge, 
John Williams, 


> 

CO 


—' K- 1 ^ ~j 


Polls. 




0. 
5'^ Improved and unim- 
? ^. proved land, including 

X buildings not specially 

s < designated. 

CD 2l 


g i^i- 




< 

s 


Mills and carding ma- 
chines. 


H-" CD 

' s 




9 
< 


Factories and their ma- 
chinery. 




Wharves. 


p^ 

2 




^ Ferries. 


1 

cT 


00 

8 




< 


Toll Bridges. 


CD 
P 




^ Locks and canals. 


CD 





% Stock in public funds. 


CD 




< 


Stock in banks and oth- 
er corporations. 


5* 

:3- 


w 


< 


Money on iiand, at in- 
terest, or on deposit. 


2: 
1 


"oc CO — 


< 
2L 

1" 


Stock in trade. 





g§ 


Value of carriages. 


S- 


tc^- 


s 
c 

< 


Horses, asses & mules, 
over 18 months old. 










►;^ ci 


i 

< 


Cows, oxen and other 
neat stock, over 18 
months old. 


D,i 
C. G. 
J.M. 
P.M. 






C5 


S 

c 
< 

7^ 


Sheep, over 6 months 
old. 


e county of H., and 
> Selectmen of D. 


C3 


^ OJ-" -£^ 

<l 
000 — 


Total value. 


►U C.T to 

'-' en w c:) 


Reduced value. 



NOTE RELATING TO THE INVOICE AND TAX LIST. 

The taking of the invoice and the assessment of 
taxes are among the most laborious and difficult duties 
of selectmen. It is, however, a simple matter after 
the invoice book is ready for use. Printed blanks may 
now be readily procured at a small expense, which will 
save much trouble in ruling and writing. If printed 
blanks are not used, the preceding form may be 
adopted. 

Chapter 17 shows what property is to be taxed, and 
no kind of property not contained in that chapter is to 
be set down in the invoice. In chapter 18 may be 
found the town in which, and the person to whom 
property is to be taxed, and in chapters 20 and 21 the 
mode of taxation. 

After the invoice is completed, the first step is to 
add up and carry out the total value of the taxable 
property of every person whose name is found in the 
invoice. This is to be set down in the column headed 
Total Yalue, against his name. In the assessment of 
taxes, all property, real and personal, is to be valued 
at one half of one per cent, of its appraised value, as 
set down in the invoice, and polls at one dollar and 
twenty cents each, (which is equivalent to two hun- 
dred and forty dollars of taxable property.) This half 
of one per cent., with the addition of one dollar and 
twenty cents for the poll, whenever taxed, is called the 
Reduced Value^ and is to be made out and set down in 
the column headed Reduced Value, against every man's 
, name. This should be done w^ith great care, and the 
whole amount in that column added up and ascer- 
tained. 

As an illustration, take the name of Gideon Patch, 
in the form given. He is taxed fori poll; land and 
buildings, $4600 ; stock in trade, $100 ; carriages, $50 ; 
1 horse, $50 ; 6 cattle, $150, and 10 sheep, $20. The 
total value of the property, as set down in the invoice, 



118 



INVOICE AND TAX RULE. 



is $4970. One half of one per cent, on this sum is 
$24.85, to which add $1.20 for his poll, and the reduced 
value of his poll and estate is $26.05. This is the sum 
upon which his taxes are to be assessed. 

The next step is to ascertain the amount of the sum 
to be assessed in one assessment. " The selectmen 
may include in one assessment the State, county, town 
and school taxes, or so many of them as may be found 
convenient.'' See ch, 21, sec. 5. This amount should 
be compared with the total amount of the reduced 
value, as just ascertained, and the object is to find how 
much on a dollar is to be assessed on the reduced value. 
This is to be done by the rule of three, and the sum 
will be : As the amount of the reduced value is to the 
amount of the tax to be assessed, so is one dollar to the 
answer, or proportion. 

As an explanation of the rule we will suppose that 
the amount of the reduced value of taxable property, 
including polls, in a town, is $2500, and that the tax 
to be assessed is $2000. The proportion in such 
case would be eighty cents on the dollar of the reduced 
value, and the poll tax would be ninety-six cents. The 
answer is found thus : 



2500: 2000: : 1.00 
1.00 



2500J 2000.00 ( 80 
2000.00 



00 



Tax table : 80 cents on 


$1.00. 






100 


10.00 


1.00 


cents. 
.10 


cents. 
.01 


1 


80 


8.00 


.80 


.08 


.008 


2 


160 


16.00 


1.60 1 


.16 


.016 


3 


240 


24.00 


2.40 


.24 


.024 


4 


320 


32.00 


3.20 


.3-2 


.032 


5 


400 


40.00 j 


4.00 


.40 


.040 


6 


480 


48.00 


4.80 


.48 


.048 


7 


560 


56.00 1 


5.60 


.56 


.056 


8 


640 


64.00 1 


6.40 


.64 


.064 


9 


720 


72.00 1 


7.20 


.72 


.072 



After this proportion is found, it is convenient to 
make a scale or tax table. The above form (which is 
made upon the foregoing proportion of eighty cents on 
the dollar) is probably more convenient in practice 
than any other. The top line contains cents, tens of 
cents, dollars, &c. The left hand line of figures, 1, 2, 3, 



INVOICE AND TAX RULE. 119 

&c., shows the number of cents^ tens of cents, dollars, &c. 
Thus the right hand column contains the proportion on 
sums from one to nine cents ; the second column the 
proportion on sums from ten to ninety cents ; the third^ 
fourth and fifth columns severally, the proportion on 
sums from one to nine dollars, from ten to ninety dol- 
lars, and from one hundred to nine hundred dollars of 
the reduced value. The tax on one cent is 8 mills, on 
two cents is one cent, six mills, &c. The tax on 10 
cents is 8 cents, on 20 cents is 16 cents^ &c. In this 
mode the table is made. 

As an illustration : Suppose the reduced value of the 
property and poll of Gideon Patch, (See Invoice,) is 
$26.05, and you wish to find his tax on the above pro- 
portion. You look first for $20, and find it under 
the head of $10, and opposite figure 2, in the left 
hand column, (or twice ten,) and the tax on $20 is 
$16. The tax on $6 found under the head $1, 
and opposite figure 6, (or six times one dollar,) and 
the tax on it, is $4.80. The tax on 5 cents is 4 cents. 
Add these together, and the tax on $26.05 is 20.84. 

Or take another example. Suppose the total reduced 
value of polls and estate is $3540, and the town tax 
is $1800, the highway tax $400 ; the county tax 
$100; the State tax $360, and the school tax 
$600. If these sums are to be assessed separately, 
the proportion or scale on the dollar would be, for 
town tax, 50 cents, 8 mills; for highway tax, 11 
cents, 3 mills ; for county tax, 2 cents, 8 mills ; for 
school tax, 17 cents, and for State tax, 10 cents, 1 
mill ; or in all 92 cents on the dollar. In practice the 
mills are not generally used. Selectmen are author- 
ized to assess 5 per cent, extra, and the proportion 
used in the above case would probably be 51 cents, 11 
cents, 3 cents, 17 cents and 10 cents, or perhaps more. 



CHAPTER 22. 



OF THE ABATEMENT OF TAXES AND OF DISCOUNTS. 



3. Discount on tax, when allowed. 

4. Form of notice of discount. 

5. Court has power, when. 

6. Abatement if watering trough 

established. 



1. Selectmen may abate, when. 
Ijtt. Poverty, good cause for 

abatement. 
1,6. Power of the Court of Com- 
mon Pleas to abate. 

2. Court of Common Pleas, when. 

1. Selectmen, for good cause shown, may abate any 
tax assessed by them or their predecessors. B. 8. ch, 
44, sec. 1; 0, S. ch. 47, sec. 1. 

l,a. Poverty and inability to pay taxes is good cause 
for selectmen of towns to abate them. 9 Foster R. 547. 

l,b. The Court of Common Pleas has power, in cases 
properly brought before them, to abate taxes for any 
cause which would justify an abatement by selectmen. 
9 Foster E. 5^9. 

2. If they shall neglect or refuse, any person con- 
ceiving himself aggrieved, having first complied with 
the provisions contained in section 4, chapter 19, of 
this Title, may, within nine months after notice of such 
tax, and not afterward, apply by petition to the court 
of common pleas in the same county^ who shall make 
such order thereon as justice may require. Ibid., sec. 2. 

3. Any town may, by vote at the annual meeting, 
direct a discount to be made to those persons who shall 
pay their taxes within such periods as the town may 
limit ; and every person so paying shall be entitled to 
such discount. B. S. ch. 45, sec. 17 ; 0. S. ch. 48, sec. 17. 

4. Notice of such Discount may be given by the 
selectmen as follows : 

The selectmen of the town of B. give notice that they 
have delivered to A. B., collector of taxes, a correct list 
of the taxes, together with a warrant in due form of 
law, for collecting the same; and that by a vote of 



TAXES OF RESIDENTS. 



121 



said town, to all persons who shall voluntarily pay the 
collector, a discount will be made on their taxes as 
follows : 

To such as pay within 30 days, 3 per cent. 

To such as pay within 60 days, 2 per cent. 

To such as pay within 120 days, 1 per cent. 



I. S., &c., Selectmen of B- 
B , May 1, 1858. 



5. Under the former statute of July 7, 1827, the court 
had no authority to abate, except where property was 
over valued; nor when a person was taxed for property 
which he did not possess, or which was not taxable. 2 
N. R, B. 238; 8 iV. JT. B, 166; but by the Eevised 
Statutes the power of the court seems to be as broad 
as that of the selectmen. 

6. The selectmen of any town shall allow or abate a 
sum, not exceeding three dollars, from the tax of any 
inhabitant who shall construct, and during the year 
keep in repair a watering trough beside the highway, 
well supplied with water, sufficiently elevated and easily 
accessible for horses and carriages : provided, however ^ 
the selectmen shall deem the same necessary for the 
benefit and convenience of the travelling public. Laws, 
1858, ch. 2122. 



CHAPTER 23. 



OF THE COLLECTION OF TAXES OF RESIDENTS. 



1 . Collector's power. 

2. Collector to give notice of tax- 

es. 
2,a. Notice need not be in writing. 

3. Collector to give notice to cor- 

porations. 

4. Distress on delinquent's goods. 

5. Articles exempt from distress. 

6. Notice and sale of goods dis- 

trained. 

7 



7. Account of sale to be given to 

the owner. 
7,a. Not to sell more than enough 
to satisfy tax and costs. 

8. Arrest for taxes. 

8,a. Collector not bound to search 

for property. 
8,6. For want of distress, collector 

may arrest. 



122 



THE COLLECTION OF 



9. Copy of warrant, &c., left with 
jailer. 

10. Collector's power, where a per- 

son removes 

11. Collector's fees. 

12. Liability of corporations. 

13. Keal estate holden. 

13,o. Arrest not prevented, when. 

14. Notice of sale of real estate. 

15. Sale of real estate, proceed- 

ings. 



16. Town may fix time when no- 

tice be given. 

17. Form of advertisement for 

distress. 

18. Form of account of sale. 

19. Certificate left with jailer. 

20. Form of advertisement for 

sale of real estate. 

21. Method of proceeding in sale. 

22. '' Real estate," meaning of 

word. 



1. Every collector, in the collection of the taxes com- 
mitted to him to collect, and in the service of his war- 
rant, shall have the powers by law vested in constables 
in the service of civil process, which shall continue 
until all the taxes in his list are collected. M. 8. ch. 45, 
sec. 1 ; C. S. ch. 48, sec, 1. 

l,a. Collectors of taxes in executing the warrants to 
them directed for the collection of taxes, are vested with 
with the powers of constables in the service of process. 
3 Fogg E. 328. 

2. The collector shall give notice of such tax to every 
person taxed, or leave a notice thereof in writing at his 
usual place of abode, fourteen days at least before he 
shall distrain therefor, unless in cases where he has 
reason to believe such person is about to remove from 
town. Ihid.j sec. 2. 

2,a. Such notice of a person's tax need not be, of ne- 
cessity, in writing when given to him in person. 8 Fos- 
ter E. 402. 

It is better in all cases to give a notice in writing. 

Such Notice may be as follows : 

To A. B. The taxes assessed against you in the 

town of , for the year 1858, are committed to me 

for collection, and are as follows: State tax, S ; 

county tax, $ ; town tax, $ ; school tax, $ . 

B , May 2, 1858. G. C.,. Collector. 

3. The collector shall give the same notice, in writ- 
ing, of all taxes assessed against any corporation, to 
the cashier, treasurer, or some principal ofl&cer of such 
corporation. Ibid., sec. 3. 

4. Upon neglect or refusal of any person or corpo- 
ration to pay the taxes assessed on them, the collector 



TAXES OF RESIDENTS. 123 

may distrain the goods and chattels of such person or 
corporation. Ihid.^ sec. 4. 

5. JSTo distress shall be made of any person's tools 
or implements necessary for his trade or occupation ; 
nor of his arms, or utensils of household necessary for 
upholding life, nor of bedding or apparel necessary for 
him or his family. Ibid., sec, 5. ISTor of the uniform, 
arms and equipments of any officer, non-commissioned 
officer or private. R. S. ch. 79, sec. 12. 

6. The collector shall keep the property distrained, 
four days, at the cost of the owner. If the tax, cost 
and charges are not then paid, he shall post up, in two 
or more public places in the town where the sale is to 
be, twenty-four hours before the time of sale, a notice 
of the place, day and hour of sale, with a particular 
description of the property to be sold ; and at the time 
and place appointed, which shall be in the town where 
the distress is made, between the hours of ten in the 
forenoon and six in the afternoon, and within forty- 
eight hours after the expiration of said four days, shall 
sell the same at public auction, to the highest bidder. 
Ibid., sec. 6. 

7, a. A collector of taxes has no authority, after sell- 
ing enough of the property distrained, to pay the 
owner's tax and the cost, to sell any thing more. 4 
Foster B. 237. 

7. A particular account in writing of the taxes of 
the delinquent, the collector's fees, and the charges of 
keeping and sale ; and the amount of sale of each ar- 
ticle, with the overplus, if any, after deducting said 
taxes and charges, shall be delivered immediately upon 
such sale to the owner, or be ready to be delivered to 
him, upon request. Ibid., sec. 7. 

^' 8. For want of goods and chattels whereon to make 
distress, the collector may take the body of any per- 
son neglecting or refusing to pay the tax assessed 
against him, and commit him to the common jail. Ibid., 
sec. 8. 

S,a. A collector of taxes is not bound to search for 
property, but may arrest the body of the delinquent, 
and is not obliged to discharge him, on his afterwards 
exposing sufficient property. 19 iV". H. B. 105. 



124 THE COLLECTION OF 

8;^. A collector may distrain property, or, for want 
of goods and chattels whereon to make distress, may 
take the body; but having taken the body for the tax, 
he cannot afterwards distrain. 5 Foster 251. 

9. In such case the collector shall give to the jailer 
an attested copy of his warrant, and thereupon certify 
the sums such person is taxed in his list, and that he 
has taken his body, for want of goods and chattels 
whereon to make distress ; and the jailer shall receive 
and detain such person in his custody until he pays 
such tax, costs of commitment and charges of impris- 
onment, or be otherwise discharged thereof by due 
course of law. Ibid,, sec. 9. 

10. In case of removal from town, or of an assess- 
ment upon the personal property of non-residents, the 
collector may distrain the property, or arrest the body 
of any person named in his list, wherever such person 
or his property may be found. Ibid., sec, 10. 

11. Collectors shall be entitled to the same fees for the 
collection of taxes by distress and sale, or for arresting 
or committing any person to jail, as sheriffs are enti- 
tled to receive for like services upon civil process. 
Ibid., sec. 11. 

12. The real and personal property of corporations 
shall be liable to be taken and sold for taxes, in the 
same manner as the property of individuals ; and the 
franchise of taking toll may be taken and sold for 
taxes, in the same manner as the same may be sold on 
execution. Ibid., sec. 12. » 

13. The real estate of every person or corporation, 
against whom any tax maybe assessed, shall be holden 
for such tax for one year from the first day of June 
following, and may be sold by the collector in case such 
person shall die or remove from town, and leave there 
no personal estate on which distress can be made, or 
in case such person or corporation shall neglect or re- 
fuse to expose goods and chattels whereon distress 
may be made. Ibid., sec. 13. 

13,a. The provisions of sec. 13. {C. S. ch. 38, sec. 13,) 
are cumulative, and do not prevent an arrest, in case 
there be no goods or chattels whereon to make dis- 



TAXES OF RESIDENTS. 125 

tress^ or in case tlie tax-payer has removed from town. 
8 Foster B. 402. 

14. The collector shall give notice of such sale, by 
posting up advertisements thereof in two or more pub- 
lic places in the tow^n, at least six weeks before the 
sale, in which shall be stated the name of the owner, 
or of the person to whom the same was taxed, and also 
the name of the occupant, if any, at the time of post- 
ing such notice ; the amount of the tax, and the place, 
day and hour of sale. Ibid., sec. 14. 

15. The powers and duties of the collector, in rela- 
tion to such sale ; the time, place and manner of the 
same; the powers and duties of the collector and 
town-clerk, in relation to the proceedings subsequent 
thereto ; the fees of the collector and town-clerk, and 
the rights of the owner in relation to the redemption 
thereof, shall be the same as are prescribed by the law 
relating to the sale of the estates of non-residents. 
Ibid., sec. 15. 

16. Any town may, by vote at the annual meeting, 
direct the time at which notice shall be given to per- 
sons whose taxes shall then be unpaid, of the amount 
of the same ; and if the same shall not be paid, with 
twenty cents more for such notice, within fourteen 
days thereafter, the collector may distrain for the same. 
Ibid., sec. 18. 

The notice in such case may be like that of a dis- 
count, ch. 22, sec. 4, leaving out all after the words, " a 
vote of said town,'^ and substituting — if the tax of any 
person or corporation shall not be paid on or before 

day of next, said collector is directed to give 

w^ritten notice of the amount of such tax to such de- 
linquent; and if the same, wdth twenty cents more for 
such notice, is not paid to him within fourteen days 
thereafter, he may distrain for the same. 

B. D., &c., Selectmen of D. 

D—, May 2, 1858. 

17. The Form of the Advertisement for selling 
property on distress may be as follows : 

Distress for Taxes. 
Taken as a distress for taxes, and will be sold at 



126 THE COLLECTION OF 

public auction, for cash, at the store of A. B., in Ossi- 
pee, in the county of Carroll, on Thursday, the tenth 
day of September instant, at one o'clock in the after- 
noon, one red yearling heifer and six sheep. 

George Hobbs, Collector, 
Ossipee^ September 8, 1858. 

18. The Form of the Account of Taxes and Sale, 
to be delivered to the owner, or be ready for delivery 
when he calls for it, may be thus : 

To John Smith : The following is an account of your 
taxes, for which a red yearling heifer and six sheep 
have been taken as a distress by me, the subscriber, 

and sold this — — day of , 1858, at public auction; 

and also an account of my fees, and the charges of 
keeping and sale, with the amount of the^sale of each 
article. 

Your tax is as follows : Town tax, $5.30 ; county tax, 
$2.30; State tax, $1.94; school tax, $3.87; all amount- 
ing to $13.41 

Expenses of taking and keeping said prop- 
erty, $1.50 

Expenses of advertising and selling the 

same, - - 1.25 

2.75 



Amount of taxes and expenses, - - $16.16 

Said heifer sold to S. B., he being the highest 
bidder, for - - $7.00 

Said six sheep sold to N. O., he being the highest 
bidder, for 10.00 

Amount of sale, $17.00 

Deduct the above taxes and charges, - - 16.16 

Balance due you, to be delivered on request, .84 
George Hobbs, Collector of Ossipee, 

The collector should make out and sign a record of 
the advertisement, and of his doings in every such sale, 
and preserve the same, for his own security. 



TAXES OF RESIDENTS. 



127 



If a collector seizes and attempts to sell property at 
auction, in satisfaction of a tax, and the sale fails be- 
cause the bidder refuses to receive a delivery and com- 
plete the purchase, the collector may again seize and 
sell the x3roperty. 9 N. H, B. 524. 

19. The Certificate, made by the collector on the 
copy of his warrant left with the jailer, may be as 
follows : 

Carroll ss., September 4, 1858. I have taken the 
body of John Smith, of Ossipee, in said county, upon 
the original warrant, of which the within is a true and 
attested copy, for his neglect to pay the taxes assessed 
against him in said town, the amount of which is as 
follows : State tax, SI. 94 ; county tax, 82.30 ; town tax, 
$5.30 ) school tax, §3.87 ; and for want of goods and 
chattels whereon to make distress, have committed 
him to the common jail of said county therefor. The 
fees for arresting said Smith and committing him to 
jail are 82.75. 

George Hobbs, Collector of Ossipee. 

■20. The Form of the Advertisement, for the sale 
of the real estate of residents, may be thus : 

Collector's Sale of Ileal Estate. 

All persons interested in the following tracts of land, 
in the town of Wendell, in the county of Sullivan, are 
notified that the same are taxed in the tax list com- 
mitted to the subscriber, who is collector of taxes for 
said town for the year 1858, as follows : 



Name of 
Owner. 



A. B. 
N. D. 



Description \ Name of 
of land, occupant. 



Bond place. 
Wood lot 
on H. hill. 



T. P. 



State 
tax. 



1.10 
.40 



County 
tax. 



$1.30 
.47 



Town 

tax. 



$2.40 
.87 



School Highway 
tax. tax. 



$2.80 
1.00 



$1.15 
.42 



And if no person shall appear to discharge said taxes 

on or before the day of January next, at t^vo 

o'clock in the afternoon, I shall then proceed to sell, at 
the store of Peter Jones, in said town, at public auction, 
so much of said real estate owned by each delinquent 



128 THE COLLECTION OF 

respectively^ as will be sufficient to discharge said taxes 
and all incidental charges against such person. 

George Hobbs, Collector, 
Wendell, October 1, 1858. 

The Afeidayit oe Posting may be as follows : 
I, George Hobbs^ certify that I posted up a copy of 
the within advertisement at the store of O. L.^ in said 
tovv^n^ and a like copy at the tavern of P. D., in said 
town, on the first day of October, 1858, being more 
than six weeks before said day of sale. 

George Hobbs. 

Sullivan, January — , 1858. Then appeared the said 
George Hobbs, and made oath that the above certifi- 
cate, by him signed, is true. Before me, 

E. D., Justice of the Peace. 

21. All the proceedings respecting the sale (except 
the time and manner of advertising) are the same as 
is set forth in the following chapter, in the case of non- 
resident taxes. 

22. For the meaning of '' real estate,^^ see Freliminary 
Chapter, sec. 83 ch, VI, sec. 2; ch. 24, sec. 20. 



CHAPTER 24. 



OF THE COLLECTION OF TAXE6 OF NON-RESIDENTS. 

4,6. Deputy secretary to retain 
copy. 

5. Collector to advertise sale. 

6. Form of advertisement. 

7. Advertisement to be posted. 

8. Time and place of sale. 
8,6. Sale of whole estate invalid. 

9. Return to town-clerk made. 
10. Owner may redeem, how. 



1. List of non-resident taxes. 
1,6. Defective, when. 
l,c. Description, what is neces- 
sary. 

2. Copy given to deputy secreta- 

ry. 

3. Deputy secretary to receive 

taxes. 

4. Deputy secretary to return 

copy. 



TAXES OF NON-RESIDENTS. 



129 



18. Collector's fees to be divided. 

19. Penalty for taking greater 

fees. 

20. Sale of buildings and timber. 

21. Advertisement, form of. 

22. Affidavit of posting, form. 
2.3. Account of sale, form. 

24. What to be done by select- 

men. 

25. What to be done by collector. 

26. Duties of town-clerk. 

27. Non-resident taxes, how paid. 

28. Collector's deed, when valid. 



10,6. Purchaser may pay subse- 
quent tax. 

1 1 . Collector to give receipt. 

12. Money tendered, left with 

town-clerk in certain cases. 

13. Persons interested may re- 

deem their share. 
13,6. Liability of collector. 

14. Collector to leave list of lands 

redeemed with town-clerk. 

15. Form of collector's deed. 

16. Non-residents may work out 

highway tax. 

17. Collector's fees. 

1. A list of the taxes assessed on the real estate of 
persons not resident in the town^ shall be made by the 
selectmen, under their hands, in which shall be inserted 
the name of the owner, if known, otherwise the name 
of the original owner, if known ; the number of the lot 
and range, if lotted, otherwise such description as the 
land may be readily known by ; the number of acres, 
and the amount of taxes assessed thereon. M. S. ch. 
46, sec. 1 ; C. S. ch. 49, sec. 1. For the Form of such 
list, see close of chapter 21. 

l,b. A list of the non-resident taxes will be defective, 
if the name of the original owner, when known, be not 
inserted therein. 1 Foster JR. 400. 

The law provides that the description of the land in 
the list of taxes must be such as the land may be readily 
known by. — Held, that the description of the land as 
^* sixty-eight acres, part of government right,'' was too 
indefinite. Ibid. 

l,c. Where lands are lotted, the number of the lot 
and range must be inserted in the list. Ibid. 

2. Such list shall be delivered to the collector on or 
before the thirtieth day of May; and the collector shall, 
on or before the eighth day of the next session of the 
general court, in June, deliver a certified copy of his 
list to the deputy secretary, w^ho shall certify thereoix 
the time of its receipt. Ibid., sec. 2. Said Copy should 
be certified by the collector thus : 

The above is a true copy of the list of non-resident 
taxes in the town of C, in the county of B., for the 

7* 



130 THE COLLECTION OF 

year 1858, as delivered to me by the selectmen of said 
town. G-. H., Collector. 

3. The deputy secretary shall keep such copy at Con- 
cord till the first day of September following, for the 
inspection of all concerned, and shall receive the tax on 
any tract, with ten per cent, thereon for his services, 
and give a receipt therefor. Ihid., sec, 3. 

4. The deputy secretary, at any time after the first 
day of September, on application, shall return the said 
copy to the collector, with a certificate of the taxes by 
him received, and shall pay to the collector the amount, 
taking his receipt therefor. Ibid., sec. 4. 

4,&. Whenever the copy of the list of non-resident 
taxes shall be returned to the collector, as provided in 
section four, of chapter 46 of the Eevised Statutes, [sec. 
4 of this chapter,] the deputy secretary shall retain in 
his office a certified copy of the same, and of the pay- 
ments made to him thereon ] and the amount actually 
paid to him for making such copy by the collector may 
be charged by the collector, with the other costs. Laws 
of 1847, ch. 495 ; 0. ^S'. ch. 49, sec. 5. 

5. The collector, after receiving from the deputy 
secretary said coj)y and certificate, shall advertise the 
lands on which the taxes have not been paid, for sale, 
in the New-Hampshire Statesman, printed at Concord, 
and also in some newspaper printed in the county where 
the land is situate, if any — otherwise in some adjacent 
county, a. S. ch. 46, sec. 5; C. S. ch. 49, sec. 6. 

6. The advertisement shall contain the same name, 
same description of the land taxed, and the amount of 
tax, which is inserted in the collector's list, and the 
time and place of the sale ; and shall be published three 
weeks successively, commencing at least eight weeks 
before the sale. B. S. ch. 46, sec. 6; C. S. ch. 49, sec. 7. 

7. A similar advertisement shall be posted up at some 
public place in the town where the lands lie, during the 
same period. B. S. ch. 46, sec. 7; C. S. ch. 49, sec. 8. 

8. Every such sale shall be at auction, in some public 
place in the town or place where the land is situate, 
and between the hours of ten in the forenoon and six 
in the afternoon ; and shall be of so much of the owner's 



TAXES OF NON-RESIDENTS. 131 

estate as will pay the taxes and incidental charges ; but 
if necessary, the sale may be adjourned from day to 
day, not exceeding three days, by proclamation made 
at the time and place of sale within the hours afore- 
said. R. S. ch. 46, sec. 8 ; 0. 8. ch. 49, sec. 9. 

8,6. The law provides that so much of the owner's 
estate shall be sold as will pay the taxes and incidental 
charges. An entire lot of land was offered for sale, 
and was sold ; Held^ that the sale was invalid. 1 Fos- 
ter B. 400. 

9. The collector shall, within ten days after any sale, 
deliver to the tov/n-clerk an account of the sales-, with 
the charges of sale, under oath; copies of the news- 
papers in which the advertisement was published, and 
the advertisement posted up, with an affidavit that it 
was so posted up, which shall be kept on file ; and the 
said account, advertisement and affidavit shall be re- 
corded by the town-clerk, and a certified copy of such 
record shall be competent evidence. M, S. ch. 46, sec. 
9 ; C. S. ch. 49, sec. 10. 

10. Every person interested in any land sold as afore- 
said, may redeem the same by paying or tendering to 
the collector, or his administrator, or, in his absence, at 
his usual place of abode, the amount for which the land 
was sold, with twelve ^er cent, interest thereon from 
the sale to the time of such payment or tender. S. S. 
ch. 46, sec. 10 ; C. S. ch. 49, sec. 11. 

10,5. The purchaser of non-resident lands, sold at 
auction for taxes, may, at any time after the collector 
shall have received his list from the dej)uty secretary, 
pay to such collector any tax assessed upon said land 
subsequent to that for which it shall have been sold ; 
and any person claiming the right to redeem said land, 
shall, to redeem the same, pay to the collector who 
sold the same, in addition to the amount for which said 
land was sold, with the interest thereon, as prescribed 
by law, the sum so paid for said subsequent tax, with 
simple interest thereon ; provided, said purchaser shall 
have left with the collector of whom said land was 
purchased, the receipt of the collector to whom such 
subsequent tax may have been paid, for the same, to 



132 THE COLLECTION OF 

be delivered to the person redeeming said lands. Laws 
of 1851, ch. 1125 ; G. S. ch. 49, sec, 12. 

11. Upon such payment or tender, the collector or 
his administrator shall give a receipt therefor, and shall 
pay over the money, so paid or tendered, to the pur- 
chaser^ upon demand. B. S. ch. 46, sec. 11 ; C. S. ch. 
49, sec. 13. 

12. In case a tender shall be made in the absence of 
the collector or his administrator, at his house, the 
party tendering shall, before the time of redemption 
expires, leave the money so tendered with the town- 
clerk, for the use of such collector, with a notice of 
such tender, which shall be forthwith recorded by said 
town-clerk, who shall give a receipt for the same, and 
shall be paid by the person making such tender, as his 
fees, ten per cent, upon the amount so tendered. S. S. 
ch. 46, sec. 12; O. S. ch. 49, sec. 14. 

The Form of the Notice of Tender may be thus : 

To whom it may concern : This certifies that on the 

day of I tendered, at the dwelling-house of A. B., 

collector of the town of C, being his usual place of 

abode, the said A. B. being then absent, the sum of , 

being the amount for which certain real estate in said 

C, described thus , was sold by him for the taxes 

thereon, with twelve per cent, interest. 

C , June 1, 1858. E. F. 

13. Every person, interested with others in any lot 
or tract of land, may pay his proportion of the tax, and 
the residue only shall be sold ; or he may redeem his 
share of the land, when sold, by paying his proportion 
of the tax, cost and interest. K S, ch. 46, sec. 13 ; C. S. 
ch. 49, sec. 15. 

13,6. A collector of taxes, who has received a tax 
from a mortgagee of the property assessed, but after- 
wards receives the same tax from the mortgagor, will 
be holden, in an action for money had and received, to 
repay it to the mortgagee. 2 Foster R. 18. 

14. Within ten days after the time of redemption 
shall expire, the collector shall leave with the town- 
clerk, to be recorded, a correct list of the lands so re- 
deemed. R. S. ch. 46, sec. 14; C. 8. ch. 49, sec. 16. 



TAXES OF NON-RESIDENTS. 138 

The Form of such list may be thus : 

^' The following is a correct list of the real estate of 
persons not resident in the town of Jj., advertised and 
sold by me for the non-payment of taxes, and charges 
thereon, on the tenth day of February, 1857, and which 
were redeemed by the payment of said taxes and 
charges, on or before the tenth day of February, 1858. 

Ten acres of the Weld place, sold to Peter Gray, for 
S4.04. 

]N'oAH Porter, Collector J^ 

15. The collector, if living, otherwise his administra- 
tor, shall, at the end of one year from the sale, execute 
to the purchaser or his heirs, a deed of the land so sold, 
and not redeemed, which shall be substantially in the 
following form : 

Know all men by these Presents, that I, , col- 
lector of taxes for the town of , in the county of 

, and State of JSTew-Hamp shire, for the year 1858, 

by the authority in me vested by the laws of the 

State, and in consideration of , to me paid by 

, do hereby sell and convey to him, the said 

, his heirs and assigns, (here describe the land 

sold) to have and to hold the said premises, with the 

appurtenances, to him, the said , his heirs and 

assigns forever. And I do hereby covenant with 

said , that in making sale of the same I have in all 

things complied with the law, and that I have good 
right, so far as that right may depend upon the regu- 
larity of my own proceedings, to sell and convey the 
same in manner aforesaid. In witness whereof I 

have hereunto set my hand and seal, the day of 

-, A. D., 1858. 



Signed, sealed and delivered 

in presence of . E. S. ch. 46, sec. 15; C. S.ch, 

49, sec. 17. 

16. Every non-resident shall have the right, at any 
time between the first day of June and the twentieth 
day of July, to pay any highway tax assessed on his 
land, in labor, under the direction of such surveyor of 
highways, or other proper person, as the selectmen 
may designate ; and such selectmen or surveyor shall 



134 THE COLLECTION OF 

give to such Don -resident a certificate of the amount of 
such labor, which shall be received by the collector 
and by the town-clerk in payment of such tax. R. S. 
ch, 46, sec. 16 ; C. S. ch. 49, sec. 18. 

This section does not probably apply to the cases 
where the highway tax is to be paid in money. 

17. The fees of collectors shall be as follows : For 
travel to the deputy secretary, for the copy of his list, 
thence to the places where the advertisements for the 
sale are to be printed, and returning home, five cents 
per mile ; for advertising in the newspapers and in 
town, one dollar; for making the sale, one dollar a 
day, and the same sum for a clerk ; for each deed made 
to a purchaser, twenty-five cents ; and the sums actu- 
ally paid the printers, not exceeding one dollar a 
square for three insertions, shall be a legal charge, i^. 
& cli. 46, sec. 17 ; C. S. ch. 49, sec. 19. 

18. The collector shall make out an equal proportion 
of his fees and charges, and of the sums paid to print- 
ers, to each lot or tract of land advertised or sold as 
aforesaid ; and no person shall be holden to pay any 
more costs than his just proportion of those incurred at 
the time of the payment of his tax. H. S. ch. 46, sec. 
18 ; a S. ch, 49, sec. 20. 

19. If any collector shall demand or take any other 
or greater fees than are by law allowed for any of the 
services by him rendered, he shall forfeit ^yo dollars to 
the person suing therefor. B. S. ch. 46, sec. 19 ; C. S. 
ch. 49, sec. 21. 

19,a. A collector of resident as well as non-resident 
taxes is subject to the statutory penalty of five dol- 
lars for taking illegal fees. 3 Foster B. 434. 

20. Any separate interest in land, and any buildings, 
timber or wood, standing or growing on land owned 
by another person, shall be taken to be real estate, 
within the meaning of this and the preceding chapter. 
B. S. ch. 46, sec. 20 ; C. S. ch. 49, sec. 22. 

In ^^ real estate'^ is also included all kinds of property 
specified in chapter 17, section 2. 

21. The Form of the Advertisement may be 
thus : 



TAXES OF NON-RESIDENTS. 



STATE OF NEW-HAMPSHIEE. 



135 



Strafford ss. ^N'otice is hereby given, that so much 
of the following real estate, in the town of Eochester, in 
said county, belonging to persons not resident in said 
town, as will pay the following taxes assessed upon 
each tract respectively for the year 1858, with inci- 
dental charges, will be sold at public auction, at the 
store of John Davis, in said Eochester, on the tenth day 
of February next, at ten o^clock in the forenoon, unless 
prevented by previous payment. 











■■A 


«j 










i< 


X 






Original 




© 


J 




a 


rt 


>, 


S 


B 




Owners. 




Description. 


< 


o 


?f, 


•2 


© 


c « 


a 


o 


In 




Owners. 




d 


d 


§ 


> 


^ 


o •^ 


is 

o 


x: 


^B 








'Z ^ 


p^ 


Q 


Ul 


Q 


H 


m 


S 


A. B. 




Weld place. 


100 








10 


10 


40 


30 


23 


N. P. 


H. L. 




50 


3 


2 


1 


5 


5 


20 


15 


n 



Noah Porter^ Collector, 
Eochester, December 1, 1857. 

The description of the lands taxed and the tax itself 
should correspond with the collector's lists. If the 
owners are known, or the original owners unknown, 
the second column may be omitted. If the number of 
lot, range and division are unknown, those columns may 
be omitted. Sometimes the valuation is inserted. If 
two or more of the above classes of taxes are included 
in one assessment, the heading of the column should 
correspond. 

22. The Affidavit of posting up may be as follows : 
Rochester, February 10, 1858. I certify that on the 
first day of December last I posted up the within ad- 
vertisement at the tavern of S. D., in said , and 

that the same remained so posted up until the day of 
sale herein mentioned. I also caused a copy of said 
advertisement to be published in the New-Hampshire 
Statesman, printed at Concord, and also in the Dover 
Gazette, printed at Dover, in said county, three weeks 
successively, the first publication in each case being 
more than eight weeks before said day of sale. 

^N'oAH Porter, Collector. 



136 THE COLLECTION OF 

Strafford ss, February 10, 1858. Then appeared 
the said Noah Porter, and made oath that the above 
affidavit by him signed is in his belief true. Before 
me, J. P. H., Justice of the Feace. 

23. The Account of the Sale, delivered to the town- 
clerk, may be thus : 

The following is a true account of the sales of the 
real estate of persons not resident in the town of Eoch- 
ester, for taxes assessed upon the same in said town, 
for the year 1857, and which were sold pursuant to 
notice, at public auction, at the store of John Davis, in 
said Eochester, on the tenth day of February, 1858. 

Ten acres of the Weld place, bounded thus : [here 
describe the land sold] — was sold to Peter Gray, he 
being the highest bidder, for $4.04, to pay the taxes 
assessed on said Weld place, amounting to $1.13, and 
incidental charges, amounting to $2.91, being in the 
whole $4.04. 

Noah Porter, Collector. 

Strafford ss., February 10, 1858. Then the said 
Noah Porter appeared, and made oath that the forego- 
ing account by him signed is true. Before me, 

J. P. H., Justice of the Feace. 

24. In order to render the sale legal, the following 
steps, especially, should be carefully taken by the select- 
men: 

I. They must make out a list in writing, signed by 
them, of the taxes assessed upon the real estate of 
persons not resident in the town. 

II. This list must state the name of the owner, if 
known; but if not known, the name of the original 
owner, if known ] if not known, it is better to write in 
the columns, "unknow7ij^ though not necessary. 6 
N. FL. R. 192. K known and omitted, the list is void. 
Ibid. 

III. The list should state the number of the lot, range 
and division, if lotted; if not lotted, such description 
as the land may be readily known by. If the owner's 
name is known and stated, there must be also a de- 



TAXES OF NON-RESIDENTS. 137 

scription of the land. 3 iV. H. E. 103. See sec. Ifi^ and 
sec. l,Cy of this chapter. 

I Y. It must state the number of acres and the amount 
of taxes. 

Y. Each tract should be described and taxed sepa- 
rately. 3 iY M. R. 105. 

YI. The list must be delivered to the collector on or 
before the thirtieth day of May^ or the proceedings will 
be illegal. 6 iY. H. B. 192. 

YII. The original invoice and list of assessments^ or 
a certified copy, must be left with the town-clerk on or 
before the first day of July, and recorded by him. Ch. 
21, sec. 6', QlSr.H.B. 192. 

25. The following steps must be taken by the col- 
lector : 

I. He must give bond to the town, to the acceptance 
of the selectmen, for the faithful discharge of his 
duties; E. S. ch. 36, sec. 4; C. S. ch. 38, sec. 4. And be 
sworn; 9 iY R. B. 528. 

II. He must deliver to the deputy secretary of state, 
on or before the eighth day of the session of the gen- 
eral court, in June of the same year, a copy of such list, 
certified and signed by him. 

III. This list must remain with the deputy secretary 
until the second day of September, when the collector 
may call for and receive the same. 

IY. After receiving such copy, the collector may ad- 
vertise the real estate on which the taxes are not paid, 
as provided in section 5. If he advertises before re- 
ceiving such copy, the sale will be void. 3 N. H. R. 36. 

Y. He shall post up a copy of the advertisement, as 
provided in section 7. 

YI. The advertisement shall contain the same de- 
scription of the land and taxes which is in his list, and 
the time and place of sale. 

YII. The sale shall be at auction, in some public 
place in the town in which the land lies, between 10 
A. M., and 6 P. M., and within one year from the first 
day of June next after the tax is assessed. 

YIII. The advertisement shall be — So much of the 
owner's estate in each tract as will pay the taxes and 



138 THE COLLECTION OF TAXES OF NON-RESIDENTS. 

incidental charges thereon, unless prevented by pre- 
vious payment. See sec. Sfi, of this chapter. 

IX. The first publication in the newspapers, and the 
first posting up, must be at least eight weeks before the 
day of sale. 

X. If an adjournment is necessary, it should be by 
proclamation, made at the time and place of sale, for one 
day at a time, only, and not exceeding three days in 
the whole. 

XI. The property must be sold to the highest bidder, 
and the record must so appear. 6 ]V. H. R. 192. 

XII. Each tract shall be sold separately, and the sale 
shall be of so much of each as will pay the taxes and 
charges thereon. 3 N. H. R. 106. 

XIII. An account of the quantity of each tract sold, 
the price for which sold, the taxes and expenses of sale 
thereon, a copy of each number of each newspaper in 
which the advertisement was published, and the adver- 
tisement posted up, with an affidavit on it of the time 
and place of posting, shall be filed with the town-clerk 
within ten days after the sale. 

XIV. The expenses are to be divided equally among 
all the tracts advertised. 

XY. The collector, before or after the sale, shall re- 
ceive of any person the tax and charges on any tract, 
or on his interest or share in any tract, and give a re- 
ceipt therefor; and the residue only shall be sold or 
foreclosed. 

XYL The owner may redeem any tract, or any in- 
terest therein, within one year next after the day of 
sale; — that is, on or before tlie same day of the same 
month in the next year; and the collector, within ten 
days after the day of redemption expires, shall leave a 
list of all the lands so redeemed, with the town-clerk, 
who shall record the same. 

XYII. After the expiration of one year from the day 
of sale, the collector shall execute to the purchaser, or 
his heirs, (not to any other person) a deed of so much 
of the land sold as is not redeemed according to law^ 

26. The town-clerk shall carefully preserve and keep 
on file the account, newspapers, advertisement and 
affidavit, and shall record the advertisement, affidavit 



RETURNS OF INVENTORIES. 



139 



and account^ in the record book of the town, attested 
thus : 

February 11, 1858, Eeceived and recorded, accord- 
ing to the original. 

Attest: ]Sr. G., Toivn- Clerk. . 

Before the revision of the statutes, recording was not 
necessary. 9 JST. H. B. 169. 

27. l:^on-resident taxes are a charge upon the prop- 
erty taxed, and cannot be collected of the owner in any 
way except by sale of the property. 1 Mass. B. 47. 

28. A collector's deed, describing ^^a certain tract of 
land, being part of lot No. 300, containing two hundred 
and fifty acres/' is void for uncertainty. The land 
should be described by metes and bounds, or other clear 
description. 1 N. H. i^. 93; 1 Foster B. 400. 

29. For farther directions and rules, see chapter 26. 



CHAPTER 25. 



OF THE STATE AND COUNTY TAX AND THE SURPLUS 
REVENUE, AND OF THE RETURNS OF INVENTORIES. 



1. State tax, how collected. 

2. County tax, how collected. 

3. Surplus revenue. 

4. Duties of selectmen. 

5. Selectmen to return invento- 

ries. 



6. Form of inventories. 

7. When to be returned. 

8. Penalty for neglect. 

9. Secretary to inform. 

10. Secretary to furnish blanks, 
&c. 



1. The treasurer of the State shall issue his warrant 
to each town, stating the proportion of the State tax to 
be paid by that town, and the time when it is to be 
paid. If not paid accordingly, an extent against the 
selectmen or collector may be issued. B. 8. ch. 10, sees. 
2, 3 ; 0. S. ch. 10, sees. 2, 3. 

2. The county tax is voted by the representatives of 
the several towns in the county, assembled at Concord 



140 BETURNS OF INVENTORIES. 

in June. When any such tax is voted, or when an ex- 
ecution against the county is clue^ the county treasurer 
apportions the tax among the several towns^ and issues 
his warrant, stating the amount of the tax and the 
time when to be paid. If not paid accordingly, an ex- 
tent may be issued therefor. U. S. ch. 23, sees. 2, 4, 5 ; 
a S. ch. 24, sees. 2, 4, 5. 

3. Each town is liable to repay to the State the share 
of the surplus revenue received by such town ; and for 
a neglect to repay, an extent may be issued. The 
shares of unincorporated places and towns refusing to 
receive, are loaned b}^ the State treasurer for the use of 
such towns or places, and the interest paid over. B. S. 
ch. 8, sees. 1, 2, 3, 4, 5, 6; C. S. ch. 8. 

4. Whenever any such warrant is issued by the State 
or county treasurer, the selectmen shall assess and col- 
lect the same, as provided in the preceding chapters, 
or an extent may issue, as provided in chapter 27. 

5. The selectmen of the several towns and places in 
this State, or a major part of them, at the charge of the 
town or place in which they belong, shall return and 
transmit to the office of the secretary of State, on or 
before the fifteenth day of May next, an entire inven- 
tory of the polls and ratable estates of the several towns 
and places in this State, as taken in April, for the year 
one thousand eight hundred and forty-four; and also 
an entire inventory of the polls and ratable estates of 
the several towns and places within this State, as taken 
in April of the year one thousand eight hundred and 
forty-three. Statutes, 1843, ch. 42, sec. 1 ; C. S. ch. 46^ 
sec. 1. 

6. Said inventories shall contain the footings of each 
column of the invoices of all polls and property taxed 
in each of said towns and places, in the month of April, 
in each of said years, agreeably to the provisions of 
chapters forty-one and forty -two of the Eevised Stat- 
utes. Zaws, 1843, ch. 42 ; 0. S. ch. 46, sec. 2. 

7. And every fourth year thereafterwards, the se- 
lectmen of the several towns and places in this State 
shall transmit and return to the office of the secretary 
of State, like inventories for their [the then] current, 
and the next preceding year, which said inventories 



RETURNS OF INVENTORIES, 141 

shall be prepared in the same form and manner as is 
above prescribed, and shall be transmitted and returned 
to the office of the secretary of State on or before the 
fifteenth day of May next, after the time when said in- 
ventories shall be prepared as aforesaid. Ihid.j sec. 3. 

8. If the selectmen of any town or place in this State 
shall neglect or refuse to prepare and transmit the 
above mentioned inventories and returns, in the man- 
ner herein prescribed, together with their certificate, 
as said selectmen, to the truth of their said inventories, 
they shall forfeit and pay, for every neglect or refusal, 
a sum not exceeding fifty dollars nor less than twenty 
dollars, for the use of the town or place to which said 
delinquent selectmen may belong. Ibid., sec. 4. 

9. And the secretary of State, so soon as may be 
after said fifteenth day of May, in each of said years, 
shall give information to the attorney general of all 
such neglects or refusals, that such selectmen may be 
prosecuted by indictment, information or otherwise, in 
any court proper to try the same ; provided that all 
prosecutions for penalties, incurred by such neglect or 
refusal, shall be commenced within six months from 
the said fifteenth day of May, in each of said years. 
Ibid., sec. 5. 

10. It shall be the duty of the secretary of State to 
furnish the selectmen with blank inventories, in form 
as aforesaid, on or before the first day of April next, 
and on or before the first day of April in every fourth 
year thereafter; and when said inventories shall be 
returned as aforesaid, by the selectmen, to make out 
an abstract of the footings or amount of the several in- 
ventories, and cause the same to be arranged by coun- 
ties, and three hundred copies thereof printed and laid 
before the legislature at the commencement of their 
next session after said inventories shall be returned as 
aforesaid. Ibid., sec. 6. 



CHAPTER 26. 



GENERAL PROVISIONS CONCERNING THE ASSESS- 
MENT AND COLLECTION OF TAXES. 



1. Liability of collector limited. 
l,a. Same subject. 

2. Collector may appoint depu- 

ties. 

3. Taxes are preferred claims. 

4. What is a " public place." 

5. Vote to raise money, when 

legal. 

6. Collector's sale, when valid. 

7. Property, if owned in common. 

8. Assessment, when illegal. 

9. Vote to raise money, when 
legal. 

Power of doomage. 
" Willful omission " of prop- 
erty. 
Collector must take oath. 
Grant of taxes, how proved. 



10. 
11. 



14. Taxation of property, rule. 

15. Name of person or corpora- 

tion. 

16. Evidence of appointment, 

what. 

17. Computation of time. 

18. Arrest, when legally made. 

19. Collector's authority out of 

town. 

20. Legality of tax, how settled. 

21. Unincorporated places. 

22. Vote of money, when legal. 

23. If tax illegal, selectmen liable. 
23j6. Persons injured, may bring 

action. 

24. Collector must give bond. 

25. Collector may resign, when. 
25,6. Collectors liable, when. 



1. 'No person, to whom any list of taxes shall be com- 
mitted for collection, shall be liable to any suit or ac- 
tion, by reason of any irregularity or illegality of the 
proceedings of the town or of the selectmen, nor for 
any cause whatever, except his own official misconduct. 
B, S. ch. 45, sec. 16; C. S. ch. 48, sec. 16. 

. l,a. If the warrant calling the meeting be defective 
in not stating the object, advantage cannot be taken of 
that defect, against a collector executing a warrant 
issued by selectmen chosen at such meeting; he will 
be protected by the provisions of ch. 45, sec. 16, H. S. ; 
8 Foster B. 402. 

An omission to sign the list of taxes by the select- 
men will be deemed an irregularity of the selectmen ; 
so that the collector will not be responsible on that 
account. 4 Foster B. 237. 

2. Any collector, being authorized by vote of the 
town, may appoint deputies, who shall be sworn, shall 
give bond to the satisfaction of the selectmen, and shall 



COLLECTION OF TAXES. 143 

have the powers of collectors^ and may be removed at 
the pleasure of the collector. Ihid., sec. 19. 

3. Taxes against an insolvent estate are preferred 
claims, but must be presented to the commissioner on 
the estate seasonably. B. 8. ch. 162^ sec. 18 ) C. S. ch. 
171, sec. 18. 

4. A shoe-maker's shop is not a " public place/' nor 
any mechanic's shop; but houses of public worship, (in 
use,) taverns and stores, in many cases are "public 
places.'' 3 JSF. H. B. 178. And the place must con- 
tinue to be a " public" one during the time which the 
advertisement is required to be posted up. Ihid. 

5. A vote, by a town, "to raise such sum of money as 
the selectmen may think necessary for the support of 
the poor, chargeable to this town," is valid; but no sum 

"* can be legally assessed by the selectmen therefor, until 
the sum necessary is actually ascertained. 3 N. H. B. 
292. So in case of a vote by a school district to "' raise 
a sum of money sufficient to remove the school-house, 
and to purchase land to set the school-house upon;" 
when the sum necessary is ascertained, the selectmen 
may assess the tax, but not before. Ihid. 

But a vote to raise a highway tax by assessing "one 
day's work on a poll, to be worked on the road, and in 
that proportion on the inventory," without specifying 
the value of such work, is illegal, even though such has 
been the practice for years, and the value fixed by the 
practice. 11 N. H. B. 141. 

6. In order to render a sale by a collector valid, there 
must be a substantial compliance with all the require- 
ments of the law. 3 N. H. B. 340. 

7. When any property advertised for sale by a col- 
lector is owned by the tax payer in common with 
others, the interest, or right of the tax payer in the 
whole property, should be sold, and not the whole of a 
particular part of it. The collector should not attempt 
to make a division of the property ; each owner has an 
interest in each parcel of the property. . Z N. H. B. 340. 

8. If any part of the assessment is illegal, the whole 
is void, and the selectmen are liable for making it. 3 
N. H. B. 498. 

9. A vote to " raise the sum of $2,000 for the expendi- 



144 CONCERNING THE ASSESSMENT AND 

tures of the year/' is improper, and a tax assessed there- 
for illegal. 3 N. H. R. 493. 

But an article in the warrant, " to see what sum the 
town will raise for the support of schools, of the poor, 
repairing highways and bridges, paying the just debts 
of the town and for other legal purposes,^' is sufficiently 
explicit, and a vote under it '^ to raise $2,000 for the 
expenditures of the current year, being the subject 
matter of the eighth article in the warrant, excepting 
for highways and bridges,^' is legal. 7 N. H. B. 113, 
115. It is not necessary to raise a specific sum for each 
particular object, except for repairing highways when 
the highway tax is paid in labor, and for schools. 7 
W. H. B. 126, 127. 

10. When a person is requested by the selectmen to 
give an account, on oath, of his taxable property, he is 
bound to be ready to do it at once ; if he does not, he 
must carry the account to the selectmen, and if he neg- 
lects it, they may doom him. 4 N. K, B. 118. So if 
he neglects at any time to make oath to his invoice 
when requested. 7 iV. S. B. 121. So if the owner is 
absent when the selectmen call, and no invoice is given 
in, it is his duty to give such invoice to the selectmen. 
If he neglects, they may doom him. 8 N. H. B. 169. 

If the selectmen appoint a time and place for receiv- 
ing invoices, and any person does not attend and give 
in his invoice, he may be doomed, unless he appears 
afterwards and shows good cause for his neglect. 8 
N. H. B. 169. 

But if any invoice is given in by the owner, or any 
other person acting for him, and the selectmen receive 
it without objection, and never call upon him for 
another, nor give him notice to appear and give in 
another, they cannot doom him, nor tax him beyond 
such invoice, unless they discover property fraudulently 
concealed, for which they may tax him four-fold. 8 
JSr. S. B, 169. 

If a person, when called upon, does not give in an ac- 
count of his taxable property, but says, in relation to a 
portion of it, that he is willing to be set down a certain 
sum, this is a neglect, for which the selectmen may 
doom. 7 m H. B. 113. 



COLLECTION OF TAXES. 145 

And this may be done by setting down in the invoice 
such property as they suppose he possesses, stating that 
it is doomage, and assessing the tax upon it as if he had 
given it in. 7 JST. H, B, 121. 

11. When an invoice is given in, and some taxable 
property " willfully omitted/' such property is to be set 
down in the invoice at four times its value, stating, also, 
that it was willfully omitted, and the tax assessed thereon. 
7 JV. H. B. 122. And this may be done without any 
hearing before the selectmen. 4 N. H. R. 127. 

12. In order to render a sale of property by a col- 
lector valid, it must appear by the record that he took 
the oath of office by law prescribed. 6 N, H. R. 182. 
'' Duly sworn into office,^^ is not sufficient. Ihid. So, 
'' Qualified by F. Chase, Esq.,'' is insufficient. 9 N, H. 
R, 170. And it should appear that the moderator was 
sworn also. 7 N. H. R. 140. 

Where a suit is brought against individuals, who jus- 
tify as public officers, they must show themselves offi- 
cers dejure, and that they were duly qualified by taking 
the oath prescribed by law. A record merely that 
they were sworn, is insufficient. Where third parties 
only are interested, it is merely necessary to show an 
officer de facto ; that is, an acting officer. 12 N. H. R. 
573. 

13. The grant of the State tax is proved by the stat- 
utes. The grant of the county tax must be proved by 
a capy of the record of the doings of the county con- 
vention which voted it, certified by the clerk of the 
court of common pleas. 6 N. H. R. 191. 

14. Property in a town, belonging to an inhabitant, 
not given in by him, and not known to the selectmen 
to be his property, is rightfully taxed and sold as non- 
resident. 6 N, H, R. 196. 

15. The names of individuals and corporations should 
be stated correctly, and in full. But where '' The Sou- 
hegan ^ail. Cotton and Woolen Factory'' was taxed as 
'' The Souhegan J^ail, Cotton and Woolen Corporation," 
it was held sufficient, there being no other of a similar 
name in town. 7. N. H. R. 309. 

- 16. The warrant of the collector may be sufficient 



146 CONCERNING THE ASSESSMENT AND 

evidence of his appointment, but a record of it by the 
town-clerk is better. 7 JST. H, B. 309. 

17. In reckoning tho^ four days which a distress must 
be kept, if it is seized on the 9th it may be advertised 
on the 14th, and sold on the 16th. 7 N, H. B. 309. 

18. A collector is not bound to search for property, 
but may arrest the body, unless the party produces 
property sufficient, with indemnity as to titl§, if re- 
quired. 9 N, H, B. 190. 

19. The collector may collect any tax out of the 
town for which he is appointed, provided the person 
taxed removed therefrom after the first of April. 9 
JSr, H, B. 194. 

20. The question, whether a tax is legally assessed 
or not, cannot be settled in a suit against the collector, 
because he is not liable, even if it is not legally assessed. 
The action should be against the selectmen. 9 JV. H, B, 
195 ; 1 Foster B. 550 ; 8 Foster B. 402. 

21. The same rules apply to unincorporated places as 
to towns. B. S. ch. 38, sec. 1 ; G. 8. ch. 40, sec. 1. 

22. Under an article in the warrant, ^^ to see if the 
town will make an appropriation towards purchasing 
a fire-engine,^^ the town may raise and appropriate the 
necessary sum ; but if the article had named any fund 
out of which the appropriation was to be made, a vote 
to raise money would have been illegal 21 Pick. B. 64. 

23. The selectmen are litible for assessing an illegal 
tax, as for building a jail, though voted by the town 
— 10 Vt. B. 506; or repairing a meeting-house more 
than is necessary for town uses — 5 Greenleaf 400. See 
chapter 1, " On the powers of towns/^ A town may 
vote to idemnify its agents, and assess a tax therefor — 
6 Vt. B. 95 ; or for settling any disputed question in 
which the town is interested — 18 Pick. B. 565 ; or for 
the expenses of inoculation — 2 Vt. B. 427. 

2S,b. A tax, to defra}^ town charges and expenses, 
voted at a meeting held in pursuance of deficient no- 
tices, is illegal ; and if a person's property is taken, or 
his body arrested, to collect the same, he may bring his 
action therefor against the selectmen. 1 Foster B. 550. 

Selectmen, in the assessment of taxes and in issuing 
their warrant for the collection of them, do not act as 



COLLECTION OF TAXES. 147 

a coui% and their decisions are not regarded as judg- 
ments. If they erroneously assess a tax, and issue a 
warrant for its collection, and thus interfere with the 
personal liberty of an individual or his property, when 
they have no authority so to do, an action may be 
maintained against them by the party aggrieved. 13 
JSr. H. B. 321. 

A warrant for the collection of taxes, issued by a 
competent board of selectmen, containing separate and 
distinct assessments, some of which are legal and some 
illegal, may be good for the legal assessments, and bad 
for the illegal ones. But when a person is arrested 
and detained till he pays all of the assessments, it is no 
defence to an action brought therefor that the warrant 
contained some assessments that were legal. 1 Foster 
B. 550. 

24. The collector must give bond, with sufficient 
sureties, to the acceptance of the selectmen, for the 
faithful discharge of his duties, within six days after 
his election or appointment, or the office shall be con- 
sidered vacant and his acts illegal. B. 8. ch. 36, sec, 4 ; 
a S. ch. 38, sec. 4. 

25. A collector of taxes may, with the assent of the 
town, resign his office. 7 JSf. H. B. 209. 

If a collector of taxes has not taken the oath of 
office, he has not sufficient authority to act, notwith- 
standing he may have been duly elected ; and he is 
not in such cases protected by the statute, which pro- 
vides that where collectors have taken the oath of office 
and given bond, they shall not be liable, except for 
their own wrong or illegal conduct. 

There are cases in which it may be submitted to a 
jury to presume, from a defective record of the elec- 
tion of a town officer, and from his having acted under 
the appointment, that the meeting was duly held, the 
proceedings of the town regular, and the officer duly 
sworn ; but this cannot be done where the proceedings 
are recent, and no cause is shown why the defective 
record cannot be amended, if the truth will warrant it. 

Where an inhabitant of a town is liable to taxation, 
and is duly assessed his proportion of the public taxes, 
which are collected by a collector de facto, he is not 



148 



OE EXTENTS. 



entitled to recover back the amount of the taxes, or 
the value of the property which may have been taken 
to pay them, merely because the collector did not take 
the oath of office. He is entitled to damages commen- 
surate with the injury he has sustained; and if he has 
in fact sustained no injury, except in the collection of 
what was due from him by one who was an officer de 
facto J but not dejure, he can recover nominal damages 
only. But unless the tax has been legally granted, a 
collector de facto must in such case be answerable for 
the value of the property taken. 9 N. H. B. 524. 

25,6. A collector of taxes, who has received a tax 
from the mortgagee of the property assessed, but after- 
wards receives the same tax from the mortgagor, will 
be holden in an action for money had and received, to 
repay it to the mortgagee. 2 Foster B, 18. 



CHAPTER 2i 



OF EXTENTS. 



1. Extents, who may issue. 

2. Against towns for neglect. 

3. Against selectmen. 

4. Against collectors not paying. 

5. Against collectors absconding. 

6. Treasurers not to issue, when. 

7. Extents against towns, when. 

8. Personal property, how sold. 

9. Real estate, how sold. 
10. Direction and return of ex- 
tents. 

1. The State treasurer, and each county and town 
treasurer, may issue extents under their hands and seals 
respectively, in cases authorized by law ; and such ex- 
tents shall be deemed to be executions against the per- 
son and property, within the laws of this State relating 



1 1 . Alias extents issued. 

12. Fees included in extents. 

13. Remedy for contribution. 

14. Remedy against selectmen. 

15. Remedy against collectors. 

16. Collector to be indemnified. 

17. Remedy of selectmen. 

18. Form of extent in section 4. 

19. Form of extent in section 5. 

20. Form of indemnity. 



OF EXTENTS. 149 

to the levy of executions. R. S. ch. 48^ sec. 1 ; C. S. 
ch, 51^ sec. 1. 

These laws may be found in the B. S. chs. 194, 195, 
196, 198, 199 and 200 ; C. S. chs. 207, 208, 209, 211, 212 
and 213. 

2. Any town which shall neglect to choose proper 
officers for assessing and collecting taxes, shall be liable 
to an extent for State and county taxes ; and the same 
may be levied upon the property of any inhabitant or 
owner of property therein, if no estate of such town 
be found whereon to levy the same. Ibid., sec. 2. 

3. Selectmen who shall neglect to assess any tax for 
which they have the warrant of the State or county 
treasurer, at the time and in the manner legally pre- 
scribed therein, or who shall neglect to return to either 
of such treasurers, or to the town treasurer, the name 
of the collector to whom they shall commit any tax 
assessed by them, and payable to such treasurers re- 
spectively, shall be liable to an extent. Ibid., sec, 3. 

4. Any collector to whom any tax may be committed, 
who shall neglect to pay the same to the State, county 
or town treasurer, or to the selectmen or other person 
to whom the same is payable, within the time limited 
in his warrant, which shall not be less than three months 
from the delivery of such warrant, except in cases 
where a shorter time shall be limited by law, shall be 
liable to an extent. Ibid., sec. 4. 

6. If any collector of taxes, to whom any tax paya- 
ble to the State or county treasurer is committed, shall 
neglect to pay the same within the time limited in his 
warrant, and the selectmen of the town shall judge 
that there is danger that such collector will abscond, 
or be unable to paj^ the same, they may issue an extent 
against such collector for the taxes in arrear. Ibid., 
sec. 5. 

6. ]^o extent shall be issued by the State or county 
treasurer against any collector, after notice given by 
the selectmen that they have issued an extent against 
him as aforesaid ; but if such tax shall not be paid 
vv^ithin three months from the time the same became 
payable, an extent shall be issued against such select- 
men. Ibid., sec. 6. 



150 



OF EXTENTS. 



The Form of such Notice may be thus : 

To the Treasurer of the County of Cods. 

You are hereby notified that the subscribers^ select- 
men of Dalton^ in said county, have issued an extent 
against T. D., collector of said Dalton, for the year 
1858, for his neglect to pay over the taxes committed 
to him to collect, agreeably to the orders in his warrant 
contained. N. P. ") Selectmen 

S. L. [ of 
G.H.j Dalton, 
Dalton, October 1, 1858. 

7. In every case where an extent shall be issued 
against any selectmen or collector, by the State or 
county treasurer, and sufficient property of such select- 
men or collector shall not be found whereon to levy 
the same, an extent shall be issued against the town, 
which may be levied upon the property of any inhab- 
itant or owner of property therein, if no estate of such 
town be found whereon to levy the same. Ibid,, sec. 7. 

8. Personal property, seized upon any extent, shall be 
sold in the same manner as similar property is by law 
required to be sold on execution. Ihid., sec, 8. See 
ch. 194 of the Eevised Statutes. G. S. ch. 207. 

9. Eeal estate of every kind so levied upon shall be 
sold, and a deed and return thereof made, in the manner 
provided by law for the sale of the equity of redemp- 
tion of real estate subject to any mortgage; and the 
owner thereof shall have the same right to redeem 
the same. Ihid., sec. 9. See ch. 196 of the Eevised 
Statutes. C. 8. ch. 209. 

10. Extents shall be directed to the sheriff, or his 
deputy, of the county where they are to be executed, 
and shall be made returnable to the officer issuing the 
same, at a certain day named therein, which shall not 
be less than sixty days from the date thereof. Ibid.y 
sec. 10. 

11. If any extent shall bo returned unsatisfied, fur- 
ther or alias extents may be issued for any sum which 
may remain due upon such return. Ibid., sec. 11. 

12. Every extent may include the legal fees and 



OF EXTENTS, 151 

charges incurred upon any former extent, issued for the 
collection of the same tax. Ihid.^ sec. 12. 

13. Every person upon whose property an extent 
against any town has been levied, shall have contribu- 
tion against the other inhabitants, or owners of prop- 
erty therein, for the sums so levied, and for damages, 
and shall recover double costs. Ihid,, sec. 13. 

14. Towns shall have their remedy by action against 
any selectmen or collector through whose default any 
extent may have issued, for all sums levied thereon, 
and for damages and double costs. Ihid., sec. 14. 

15. Selectmen shall have their remedy by action 
against any coll^ector through whose default any extent 
shall have issued against them, for all sums levied 
thereon, and for damages and double costs. Ihid., 
sec. 15. 

16. Selectmen issuing any extent against a collector 
shall indemnify him against all costs and expenses 
arising to him by reason of any extent issued against 
him by the State or county treasurer, for the same tax. 
Ihid.y sec. 16. 

17. Selectmen shall have no remedy against any 
town for any sum levied upon any extent issued against 
them on their own default, except the amount of tax, 
without any costs of levying, or costs of suit. Ihid.y 
sec. 17. 

18. The Form of the Extent, issued by the town 
treasurer, under section 4 of this chapter, may be thus : 

STATE OF NEW-HAMPSHIEE. 

Belknap ss. To the Sheriff of said County, or his Deputy. 

[L. S.] Whereas A. B., of C, in said county, a collector 
of taxes for said town, duly elected (if not elected, say 
appointed?) and sworn, on the fifteenth day of May last 
received from the selectmen of said town a list of the 
assessment of a town tax duly voted to be raised by 
said town, made out by them, and amounting to the 
sum of eight hundred dollars, together with a warrant 
under their hands and seal, directing and authorizing 
him to levy and collect the several sums in said list 
contained, an4 pay the same to the treasurer of said 



152 OF EXTENTS. 

town on or before the tenth day of October last ; and 
whereas the said A. B. has paid to said treasurer the 
sum of four hundred dollars only, but has neglected to 
pay the residue thereof, being four hundred dollars, as 
directed in said warrant : 

In the name of said State you are commanded to levy 
the aforesaid sum of four hundred dollars by distress 
and sale of the real and personal estate of said collector, 
and pay the same to the treasurer of said town, return- 
ing the overplus, if any there be, to said A. B. ; and for 
want of such estate, to take the body of the said A. B., 
and him commit to the jail in said county, there to re- 
main till he has paid said sum of four hundred dollars, 
together with your fees, or be discharged by due order 
of law ; and make return of this warrant to myself, or 
my successor, the treasurer of said town, within sixty 
days from the date hereof, with your doings thereon. 

Given under my hand and seal, this twentieth day of 
November, in the year 1858. 

P. D., Treasurer of the Town of C. 

19. The Form of the Extent, issued under section 
5 of this chapter, may be thus : 

STATE OF NEW-HAMPSHIEE. 

Belknap ss. To the Sheriff of said County, or Ms Deputy. 

[L. S.] Whereas A. B., of C, in said county, a collector 
of taxes in said town, duly appointed (or elected, if the 
fact is so) and sworn, on the fifteenth day of May last 
received from the selectmen of said town a list of the 
assessment of a county tax duly voted, made out by 
said selectmen, amounting to the sum of eight hundred 
dollars, with a warrant under their hands and seal, 
directing and authorizing the said collector to levy and 
collect the several sums in said list contained, and pay 
the same to the treasurer of said county, one half on or 

before the day of , and the other half on or 

before the first day of February, 1858 ; and whereas 
the sum of four hundred dollars, part of said sum of 
eight hundred dollars, is still unpaid, although the time 
for the payment thereof has expired, said collector hav- 



OF EXTENTS. 153 

ing neglected to pay the same, agreeably to the direc- 
tions in said warrant ; and whereas, in the judgment of 
the subscribers, selectmen of said town, there is danger 
that said collector will be unable to pay the same when 
called upon so to do by the county treasurer : 

In the name of said State jou are commanded to 
levy the aforesaid sum of four hundred dollars, by dis- 
tress and sale of the real and personal estate of said 
collector, and pay the same to the treasurer of said 
county, returning the overplus, if any there be, to said 
collector ; and for want of such estate, to take the body 
of said collector and him commit to the jail in said 
county, there to remain till he has paid said sum, with 
your fees, or be discharged by due course of law ; and 
make return of this warrant to ourselves, or our suc- 
cessors, selectmen of said town, within sixty days from 
this date, with your doings thereon. 

Given under our hands and seal, at said C, this sixth 
day of February, in the year 1858. 

T. P.) 

E. M. > Selectmen of G. 
K 0.3 

20. The Indemnity mentioned in section 16 should 
be a bond in common form, with a penal sum, perhaps 
twice as large as the taxes in arrear, and sufficient 
sureties, and a Condition as follows : 

The condition of this obligation is such, that whereas 
the selectmen of said town of heretofore deliver- 
ed to the said obligee, collector of said town, a list of 
the assessment of a county tax, with a warrant direct- 
ing him to collect and pay over the same to the treas- 
urer of the county, as therein directed ; and whereas 
said selectmen have issued an extent against said obli- 
gee, for the amount of taxes in arrear : Now if we 
shall fully indemnify the said collector against all costs 
and expenses which may arise to him by reason of any 
extent which may be issued against him by said county 
treasurer for the same tax, then this obligation shall 
be void; otherwise in full force. 

8* 



TITLE lY. 



OF HIGHWAYS AND BKIDGES. 

• 

28. Of the powers of selectmen in relation to 
laying out highways. 

29. Proceedings of the court of common pleas 
and county commissioners. 

29,6. Powers of county commissioners to ap- 
portion expense in certain cases. 

30. Of the payment of damages and costs. 

31. Of the discontinuance of highways. 

32. Of repairing highways in towns. 

33. Of repairing highways not in any town. 

34. Of the liability of towns for not making 

and repairing highways, and for dam- 



Chapter 

Chapter 

Chapter 

Chapter 
Chapter 
Chapter 
Chapter 
Chapter 



Chapter 35. Of injuries to and incumbrances and en- 
croachments on highways, and the 
rights of the public and land-owners 
therein. 

Chapter 36. Of bridges, railroads, guide-boards and 
the law of the road. 



CHAPTER 28. 



OF THE POWERS OE SELECTMEN IN RELATION 
LAYING OUT HIGHWAYS. 



TO 



1. Power of selectmen to lay out. 
1,6. Application to lay out must be 

in writing. 

2. Notice of hearing to be given. 

3. Notice to residents, how given. 



4. Notice to minors and wards. 

5. To tenants and reversioners. 

6. Notice by publication, when. 

7. Examination and hearing. 

8. Not restricted by petition. 



LAYING OUT HIGHWAYS. 



155 



8,6. Koute need not be a straight 

line. 
9. May lay out over highways. 
9.tt. Also in part over new, and 

part over old highways. 

10. Or across rivers above tide. 
10,a. Not to lay out where road 

is part of road in two 
towns. 

11. Franchises may be taken. 
11,6. Private ways to be subject 

to maintenance of bars or 

gates^. 
ll,c. Such gates to be maintained 

by persons benefitted. 
ll,c?. When unnecessary, may be 

removed. 

12. Return to be made, when. 

13. Damages to be assessed, how. 

14. If owner unknown, how as- 



17. Form of petition for public 

way. 

18. Form of petition for private 

way. 

19. Form of petition for altera- 

tions. 

20. Form of order of notice. 

21. Notice, how to be given. 

22. If owner unknown, affidavit. 

23. Form of laying out public 

way. 

24. Form of laying out private 

way. 

25. Form of making alterations. 

26. Proceedings all to be recorded. 

27. Duties of selectmen. 

28. Selectmen liable, when. 

29. When private way laid out. 

30. When public way laid out. 

31. Monuments to govern. 

32. Damages, how to be esti- 
mated. 

33. Highways over turnpike. 

34. Highways over land occu- 
pied by buildings. 

35. Damages to be assessed by 
railroad commissioners and 
selectmen on laying out 
railroads. 



15. If owner aggrieved, remedy. 
15,6. Town liable for damages for 

altering highway. 

15,c. Selectmen to assess dama- 
ges. 

15, d. Person aggrieved may pe- 
tition court of common 
pleas for redress. 

16. If owner not notified, remedy. 

1. Selectmen, upon petition, are authorized to lay out 
any new highway, or to widen and straighten any ex- 
isting highway within their town, for which there shall 
be occasion either for the accommodation of the public 
or of the person applying. B. S. ch. 49, sec. 1; C. S. 
ch. 52, sec. 1. The selectmen will be confined to the 
objects stated in the petition, and cannot lay out or 
alter a road in a manner different from that prayed 
for, except as to width, and except also as provided in 
section 8. 

1,6. Highways in this State can properly be laid out 
by the selectmen or the court of common pleas, only 
upon application in writing for that purpose. 13 iV. H". 
E. 304. 

And highways must be laid out in conformity with 
the prayer of the petition. Ibid. 

In a petition for laying out a luv/ highway^ if the 



156 LAYING OUT HIGHWAYS. 

route is described as commencing at a known monu- 
ment, it will be sufficient, though the distance of the 
monument from other know^n monuments be misstated. 
2 Foster R. 361. 

l,a. It is not a valid objection to the proceedings of 
road commissioners, that the highway laid out is of 
less width than that specified in the petition. 3 Foster 
B. 340. 

The word " highway^^ or road, in any statute, includes 
the bridges thereon. J2. S. ch. 1, sec. 21 ; C. S. ch. 1, 
sec. 22. 

2. Unless the selectmen shall be clearly of the opin- 
ion that the petition ought not to be granted, they shall 
appoint a time and place of hearing, and shall cause 
notice thereof in writing to be given to the first peti- 
tioner, and to the owners of the land over which the 
same may pass, fourteen days previous thereto. B. S. 
ch. 49, sec. 2 ; C. S. ch. 52, sec. 2. 

3. Such notice shall be given to each owner in per- 
son, or left at his usual place of abode, if he is known 
and resides in the State — otherwise, to the person, if 
any, who has the care or possession of the land. Ibid.y 
sec. 3. 

4. If the owner is a person under guardianship, notice 
shall be given in the same manner to his guardian. If 
such owner is a minor, or person under any legal disa- 
bility, the judge of probate may appoint a guardian 
for such person, to whom notice shall be given. Ibid., 
sec. 4. 

A notice to minors, of the time and place of hearing 
the land owners, is insufficient. 12 N. H. B. 515. 

5. Tenants for life or years, and the owners of the 
remainder or reversion, shall each be separately noti- 
fied as aforesaid. Ibid., sec. 5. 

A tenant for life is one who has an interest in the 
land for his own life, or the life of some other person. 
A tenant for years is one who holds land under a lease 
for any fixed period, though less or more than one 
year. Owners in remainder or reversion are those 
who hold the land after the estate for life or years is 
ended. The husband's interest in lands owned by his 



LAYING OUT HIGHWAYS. 157 

wife, and the widow's right of dower, are estates for 
life. 

A mortgagee, in possession of the mortgaged prop- 
erty, is entitled to notice, and to have the damages 
assessed to him ; but a mortgagee not in possession is 
not so entitled. 11 iV. H. B. 294. The mortgagor in 
possession is to be considered as owner. Ihid. 

6. Upon affidavit of one of the petitioners that the 
owner of any land over which such road may pass, or 
his residence, is unknown or uncertain, such notice may 
be published three weeks successively in some news- 
paper printed in the vicinity, which shall be sufficient 
notice. Ihid., sec. 6. 

Such notice will be good only where the owner or 
his residence is unknown or uncertain. It should be 
ordered by the selectmen upon the affidavit of a peti- 
tioner. For form, see section 22. 

7. At the time and place so appointed, the selectmen 
shall make a personal examination of the several 
routes proposed, and of the highways for which such 
new highway is designed to be a substitute ; shall hear 
all parties interested who may attend, and any evidence 
they may offer, and may adjourn, as they see cause. 
Ibid., sec. 7. 

8. Such selectmen may lay out such new road over 
any ground they may deem most suitable, and widen 
and straighten any highway, as they judge proper, 
without regard to any intermediate limits, or particu- 
lar amendments described in the petition. Ihid., sec. 8. 

8,6. A petition for a highway, giving the termini of 
the way, without fixing any intermediate bounds, is 
not necessarily a petition for a way upon a straight 
line between those termini, but it is to be construed as 
leaving it in the discretion of the commissioners to de- 
termine its intermediate course. 13 N. H. JR. 304. 

Accordingly, when the petition gave the termini of 
the way prayed for, but fixed no intermediate bounds or 
restrictions, except the course, and the commissioners 
to whom the petition was committed made a report 
laying out a way varying from a straight line between 
the termini given, it was held that the way was laid 
out in conformity with the prayer of the petition, and 



158 LAYING OUT HIGHWAYS. 

that the commissioners acted within the scope of their 
authority under the petition. Ihid. 

The selectmen must lay out the road^ if at all, on the 
best route between the beginning and end described in 
the petition, but are not confined to any particular 
route, even if one is described by bounds, courses and 
distances. 

9. Upon any petition for a new highway, they may 
lay out the same across or over any existing highway ; 
but no damages shall be awarded when the public have 
the same right of way, except for additional land taken. 
Ihid. J sec. 9. 

9,a. Upon a petition for a new highway, selectmen 
and road commissioners may lay out a road in part new 
and in part over and upon an existing highway. 3 Fos- 
ter E. 340. 

10. Highways may be laid out across any river or 
stream, except navigable tide waters ; but no road or 
bridge shall be so constructed as to prevent the use of 
such stream or river for boats or rafts, and for running 
timber. Ihid., sec. 10. 

10,a. Selectmen have no authority to lay out a high- 
way in their town, when said highway forms but a 
part of a highway extending into another town, the 
whole of which, if any, is required for the public accom- 
modation. 7 Foster B. 343. 

11. Any real estate, franchise or easement of any 
corporation may be taken for a highway, in the same 
manner as the real estate of individuals. Ibid., sec. 11. 

Without this provision neither selectmen nor courts 
possess any such power. 8 N. H. B. 498. 

11,6. Whenever the selectmen of any town or place, 
or the road commissioners for any county in this State, 
shall lay out any highway for the accommodation of 
an individual, they are authorized and empowered to 
lay the same out, subject to the erection and mainte- 
nance of such gates or bars across the same as they may 
deem expedient and compatible with the interest of all 
concerned. Laws of 1848, ch. 742 ; C. S. cJi. 52, sec. 12. 

ll,c. Whenever the selectmen shall hereafter layout 
a new highway or road for the use and accommodation 
of an individual, they may and shall, if they deem it 



LAYING OUT HIGHWAYS. 159 

proper and expedient in the case, lay out such road 
subject to the erection and maintenance of such gates 
across the same as they shall judge expedient and nec- 
essary; said gates to be erected and maintained at the 
expense of the person or persons for whose benefit the 
said road is laid out, as the selectmen shall order. Laws 
of 1850, ch. 957, sec. 1 ; C. S. ch. 52, sec. 13. 

lljd. Whenever, in the judgment of the selectmen, 
such gates shall become unnecessary, improper or inex- 
pedient, by reason of the impediment thereof to the 
use of the roads, they may and shall, on petition there- 
for, after notice and time of hearing thereon, given the 
persons and parties interested, cause said gates to be 
taken away, and lay out such roads as open and free 
highways, as in other cases, and assess such further dam- 
ages to the land-owners as they shall judge right and 
proper in the premises. Laws of 1850, ch, 957, sec, 2; 
a S. ch. 52, sec. 14. 

The petition, order of notice and hearing, should be 
the same as in case of laying out highways. 

12. The selectmen shall, within thirty days, make a 
return of every highway by them laid out, describing 
the same, and the width thereof, and a like return of 
alterations by them made in existing highways, with 
a particular description thereof, and cause the same 
to be recorded by the town-clerk. jB. S. ch. 49, sec. 12 ; 
C. S. ch. 52, sec. 15. 

13. Such selectmen shall assess the damages sustain- 
ed by each owner of the land required for such high- 
way, and insert the same in their return. Those of the 
tenant and remainderman or reversioner shall be assess- 
ed separately. 1 hid., sec. 16. 

14. If the person to whom any damages should be 
awarded, is unknown, a particular description of the 
land, real estate or franchise taken for any highway, 
shall be inserted in the return of the selectmen, with 
the damages assessed to the owner, without naming 
any person. Ibid., sec. 17. 

15. If any person shall think himself aggrieved by 
the assessment of damages made by the selectmen, he 
may, within one year after such road is opened, peti- 
tion the court of common pleas for redress ; and the 



160 LAYING OUT HIGHWAYS. 

said court, after due notice to the town and others in- 
terested, may award such damages as maybe just, and 
costs, to either of the parties, in their discretion, and 
issue execution therefor. R. 8. ch. 50, sec. 9 ; C S. ch. 
53, sec. 9. 

15,6. Where the selectmen, or any surveyor of high- 
ways appointed by them, or by the town, or any per- 
son acting under them, shall make or cause to be made 
any alteration in any street or highway, by raising or 
lowering the same, or making a ditch on the side there- 
of, whereby any dwelling-house or other building, or 
any land adjoining, may be injured, the town shall be 
liable to pay the damages occasioned by such alteration. 
Laws of 1848, ch. 725, sec. 1 ; C. S. ch. 52, sec. 18. 

15,c. The owner or owners of such house, building 
or land, may apply in writing to the selectmen to as- 
sess the damages sustained by them, and it shall be the 
duty of the selectmen to appoint a time, notify the ap- 
plicant, view the premises and assess the damages, in 
the same manner as is provided in chapter forty-nine 
of the Ee vised Statutes, (this chapter) in case of laying 
out highways, and shall, within thirty days from the 
time of receiving said application, file the same, with 
their doings thereon, with the town-clerk, who shall 
record the same. Laws of 1848, ch. 725, sec. 2) C. S. 
ch. 52, sec. 19. 

15,^. Any person so applying, who may think him- 
self aggrieved by the assessment of damages made by 
said selectmen, or if said selectmen shall neglect, for 
thirty days from the time of such application, to assess 
said damages, may petition the court of common pleas 
for redress, in the same manner as is provided in the 
ninth section of chapter fifty of the Ee vised Statutes, 
{sec. 9 of ch. 53 of the Comp. Statutes') and the same 
proceedings shall be had as are therein provided. 
Laws of 1848, ch. 725, sec. 3 ; C. S. ch. 52, sec. 20. See 
sec. 15, ante. 

16. Any person who had no actual notice of the lay- 
ing out or altering of any highway, may, within one 
year after the same shall be opened and made, apply 
to said court, as provided in the preceding section, and 
the court; after notice as aforesaid, shall award dama- 



LAYING OUT HIGHWAYS. 161 

ges and costs, and issue execution therefor, as is there- 
in provided. E. S. ch. 50, sec. 10 ; 0. S. ch. 53, sec. 10. 

17. The Form of the Petition for a Highway for 
the accommodation of the public may be : 

To the Selectmen of the Toivn of Feterhorough, in the Coun- 
ty of Hillsborough. 

Your petitioners represent that, for the accommoda- 
tion of the public, there is now occasion for a new 
highway in said town, beginning at or near the school- 
house in district ISTo. 3, and thence running southerly 
to a stake and stones in the road near the house of 
John Smith, in said town : 

Therefore we respectfully request you to lay out, on 
the route above described, a highway of the width of 
four rods, and to cause a record thereof to be made, 
according to law. 

James Moore, &c. 

The petition must set out the beginning and end of 
the new road distinctly, but should not state the inter- 
mediate bounds. If the route begins and ends in the 
same old highway, the selectmen, under the above peti- 
tion, may make alterations in the old highway between 
those points, or lay out a new highway. 

18. The Form or a Petition for a Highway for 
the accommodation of the persons applying, may be the 
same as in the section preceding, erasing the words, 
^^for the accommodation of the public,^^ and inserting 
instead, for their accommodation. 

19. The Form of a Petition for widening and 
straightening a highway may be : 

To the Selectmen of the Town of Peterborough^ in the County 
of Hillsborough. 

Tour petitioners represent that, for the accommoda- 
tion of the public, there is occasion that the highway in 

said town, leading from to , should be made 

wider and straighter : 

We therefore respectfully request you to make said 
highway wider and straighter, and to cause a record of 
such alteration to be made, according to law. 

James Moore, &c. 



162 



LAYING OUT HIGHWAYS. 



20. The Form of the Order of Notice on such 
petition may be : 

^ On the foregoing petition it is ordered that the peti- 
tioners give notice to all the owners of lands through 
which the proposed highway may be laid out, to appear 
at the house of James Moore, in said Peterborough, on 
Monday, the twenty-first day of June instant, at nine 
o'clock in the forenoon, and show cause, if any they 
have, why said petition should not be granted, by giv- 
ing to each of said owners, or leaving at his usual place 
of abode, a copy of said petition and of this order 
thereon, at least fourteen days previous to said time of 
meeting. 

Given under our hands this first day of June, 1858. 

A. B. ) Selectmen 

C. D. [ of 

E. F. ) Peterborough, 

21. It is the duty of the petitioners to see that due no- 
tice is given, and such notice may be given by any per- 
son. If the owner resides in this State, he must be noti- 
fied personally; if he resides out of the State, notice may 
be given to the person, if any, occupying or having 
the care of the land. If the owner has a guardian, he 
must be notified ; but if he is under any disabilitj^, and 
has no guardian, application should be made to the 
judge of probate to appoint a guardian. Every owner 
must be notified, or the laying out will be illegal ; and 
it is prudent to notify the owners of lands on either 
side over which the road may possibly be laid out. If 
the owner or his residence is unknown, notice is to be 
given, as in the next section. 

When parties, entitled to a notice of the time and 
place of meeting to lay out a highway, appear and 
make no objection to the notices or the service thereof, 
at the time, such appearance, without objection, is a 
waiver of all right to notice at all, and consequently of 
all right to object to the form of the notices or their 
sufficiency, and to the character of the proof of the ser- 
vice of the same. 11 JV. R. R, 293. 

The notice given must be a copy of the petition and 



LAYING OUT HIGHWAYS. 163 

order of notice, and should be attested by the person 
giving the notice, thus : 

A true copy of the original. Attest : A. B. 

The Form of the Certificate of Notice, to be 
written on the back of the petition, may be : 

I, A. B., certify that on the second day of June, 1858, 
I gave to D. E., G. H. and L. M., each a true and 
attested copy of the within petition and of the order of 
notice thereon, and on the third day of June, 1858, I 
left a like copy at the dwelling-house of K. G. and D. P. 
respectively, being their respective usual places of 
abode. A. B. 

Hillsborough ss., June 21, 1858. Then the said 
A. B. appeared and made oath that tbe foregoing cer- 
tificate by him signed is true. Before me, 

J. W., Justice of the Peace. 

In the service of said notices, it is not indispensable 
that the same should be proved by a return made by 
the person making the service. Any other satisfactory 
proof of service is sufficient ; but such return is safest, 
and therefore preferable. 11 N. H. E, 293. 

22. The Form of the Affidavit in section 6 may 
be thus : 

I, James Moore, one of the petitioners named in the 
within petition, do testify that the owner of a lot of 
land lying on the route within described, between the 

land of and the land of , is unknown, so that 

personal notice cannot be given. 

James Moore. 

Hillsborough ss., June 2, 1858. Then appeared the 
said James Moore, and made oath that the above affi- 
davit by him signed is true. Before me, 

J. W., Justice of the Feace. 

The Order of the Selectmen thereon may be thus : 

Ordered that the within petition and order of notice 

be published in the , printed at , in said county, 

three weeks successively before the twenty-first day of 
June instant. A. B. ") Selectmen 

C. D. [ of 



"^■] 



E. F. ) Peterborough. 



164 



LAYING OUT HIGHWAYS. 



Tlie Affidavit that such notice has been published 
may be made on the petition^ thus : 

Hillsborough ss., June 21, 1858. Then appeared the 
said James Moore, and made oath that the within 
petition and order of notice has been duly published in 

the , printed at , in said county, on the Sd, 

10th and 17th days of June instant, as within directed. 
Before me, J. W., Justice of the Peace. 

23. The Form of laying out a road for the accommo- 
dation of the public may be as follows : 

Upon the foregoing petition, the subscribers, select- 
men of said Peterborough, having given notice as afore- 
said to all persons, owners of or interested in lands 
through which the highway hereinafter described is 
laid out, to appear at the house of James Moore, in said 
Peterborough, on Monday, the twenty-first day of June 
instant, at nine o'clock in the forenoon, to show cause, 
if any they had, why said petition should not be 
granted ; and having met at said time and place, and 
fully heard all parties interested who attended, and all 
evidence offered by them, and having made a personal 
examination of the several routes proposed, and of the 
highways for which such new highway is designed to 
be a substitute, and having duly considered said peti- 
tion, are of opinion that there is occasion for a new 
highway on the route described in said petition : 

We therefore lay out the same as follows : Beginning 
at a stake in the highway near the school-house in dis- 
trict JSTo. 3, in said Peterborough ; thence south eight 
degrees east, through land of James Moore, forty rods, 
to a stake; thence south six degrees west, through 
land of said Moore, twenty rods, to a stake; thence 
south six degrees west, through land the owner of 
which is unknown, fifty rods, to a stake ; thence south 
twelve degrees west, through land of John Smith, 
thirty-five rods, to a stake in the road near the house 
of said Smith. The line above described is to be the 
middle of the highway, and the highway is to be four 
rods wide. 

We award to the owners of lands taken for said high- 



LAYING OUT HIGHWAYS. 165 

way on said route the following siims^ to be paid by 
said town : 

To James Moore, Eighty dollars. 

To the unknown owner of the land 
above described, lying southerly 
of and adjoining land of said 
Moore, Sixty dollars. 

To John Smith, Fifty dollars. 

Given under our hands, at Peterborough, this twenty- 
first day of June, 1858. 

N. P.") Selectmen 

L. B. [ of 

C. T. J Peterborough. 

24. The Form of the laying out of a way for the ac- 
commodation of the petitioners may be the same as 
that in the section preceding, except as follows : after 
the words, '' the highway is to be four rods wide,^^ add 
the following : and to he made by the petitioners, and to 
remain a highway so long as said jpetitioners shall keep the 
same in repair, and. no longer. Also omit the words, '^ to 
be paid by said town,^^ and add instead — to be paid by 
the petitioners before this laying out is recorded; and in 
case such way is to be subject to the maintenance of 
gates or bars, it should be so stated in the report laying 
out the way, and should also state by whom they are 
to be erected and maintained. See sees. 11,5, c, and d, of 
this chapter. 

25. The form of the record, in case of widening and 
straightening a highway, may be like that in sec. 23, 
omitting the w^ords, " occasion for a new highway on 
the route described/^ and adding instead — occasion for 
loidening and straightening the highway. 

26. The return of the laying out and of alterations 
should be annexed to the petition, and the whole pre- 
sented to the town-clerk within thirty days after such 
laying out. The petition, order of notice, affidavits of 
service, affidavit that any owner is unknown, if any, 
and the order of notice and affidavit of publication 
thereof, and the selectmen's return, must be recorded 
by the town-clerk in the book of records, and each at- 
tested by him thus : 



166 LAYING OUT HIGHWAYS. 

June 21, 1858. Eeceived and recorded, according to 
the original, and examined. 

Attest : D. P., Town-Clerk. 

The original papers should also be preserved and 
kept on file by him among the town papers. 

27. Selectmen derive their authority to lay out high- 
ways from the statute, and in exercising the authority 
they must substantially pjirsue the directions of the 
statute ; otherwise their doings will be void. 3 N,II. S. 
337. 

Selectmen have authority to lay out highways only 
in cases Avhere a petition in writing is presented to. 
them for that purpose. 3 N. H. R, 338. 

The width of the road laid out must be stated in the 
return distinctly, but if omitted by mistake it may be 
added to the return afterwards. If not so stated, an 
action for damages will lie for building the road. 3 
N, H. E. 10. If not stated, half of the road will be 
presumed to be on each side of the line of the road de- 
scribed, but it should be distinctly stated. 4 N, H. R, 
524. 

And the laying out will be void, unless damages are 
awarded to every owner of land taken for such high- 
way, and such damages stated in the return of laying 
out. 3 N. H, E. 338. 

And unless it appear that the owner was duly noti- 
fied, and had an opportunity to be heard. Ihid. 

But if laid out through the land of an individual at 
his request, there need be no petition, notice or award 
of damages. 4 N. H, E, 520. 

The power of selectmen, in laying out highways, is 
not judicial — 6 JV. H. E. 524; but the power of the 
court of common pleas is so. Ihid. 

28. If selectmen should lay out a road, not because 
the public convenience and necessity require it, but for 
other purposes, which may be injurious to individuals, 
their acts are illegal, and they are answerable for dam- 
ages ) as for laying out a road round a turnpike gate 
merely to enable travelers to evade the payment of 
toll. 2 N. H. E. 199 ] b JSr.H, E. 561. JSTor are they 
protected by vote of the town. 10 W. H. E. 133. 



LAYING OUT HIGHWAYS. 167 

29. " Under what circumstances a highway may be 
laid out to accommodate an individual, is not settled. 
A case of strong necessity alone can furnish a proper 
occasion for such a highway, and justify the taking of 
the land of one individual against his will for the ac- 
commodation of another individual /^ 5 N. H. R. 560 ; 
but such a way when laid out is a public highway. 3 
N. H. E. 459. 

30. " In determining the question, when an occasion 
for laying out a highway for the accommodation of the 
public exists, there are three things to be considered : 
1st. The pu[blic necessity and convenience ; 2d. The 
burden that is to be imposed upon the town in making 
and keeping it in repair; 3d. The rights of individuals 
whose lands may be taken for the purpose. And the 
rule is, that when the public exigency is such that it 
will justify the taking of the lands of individuals, with- 
out their consent, for this purpose, and will also justify 
the imposition of the burden upon the town of making 
the road and keeping it in repair, then there is occasion 
for a highway, and the rights of individuals must 
yield.^^ 5 N. H. B.. 560. If the road is laid out for 
any other reason, the laying out is illegal. Ibid. 

As if it is laid out because the petitioners offer to pay 
a part of the expense— 5 N. H. R. 562 ; 10 N. H, R. 
281 ; or to build a part of the road — 2 Ricli. R. 547 ; but 
after the road is laid out, the town may receive dona- 
tions. 5 N. H. R. 562. 

If the petitioner agree with the selectmen to with- 
draw their opposition, the report of the road commis- 
sioners in their favor will be set aside. 2 Foster R. 361. 

31. In the laying out of a road, monuments must 
govern rather than courses and distances — 8 JSF. H. R. 
476 ; and the testimony of the committee, of the loca- 
tion of a monument Avhich is gone, as " a stake,'' is ad- 
missable. Ibid. 

32. In estimating the damages occasioned to any 
person by the laying out of a highway, the value of the 
lands taken, the expense of fencing against the road, 
and the damage done to the land remaining in any 
way, are to be taken into consideration ; and from the 
amount is to be deducted the benefit of the road, if 



168 LAYING OUT HIGHWAYS. 

any, to the owner of the land. Sometimes the injury 
may be great, as by cutting off water, &c., when he 
should have liberal damages ; and sometimes the road 
may in fact be a benefit to him, in which case he is en- 
titled to little or no damages ; but this should be so 
stated. 5 Mass. R. 435 ; 9 Mass. B. 388. 

The owner may release his claim to damages before 
the selectmen, and such release should be stated in 
their return, and will be binding. 15 Fick. R. 81. 

33. When a highway is laid over a turnpike road, 
and the easement or franchise of the corporation is 
taken, it is not necessary to notify the owners of the 
land over which the turnpike road was established. 
Having been paid for a perpetual easement or right of 
passage, for the public, they have no claim for further 
compensation, merely because the right of passage is 
discharged from a tax or toll. 10 N. H. R. 369. 

But if any interest belonging to the owners of the 
land is taken, they are entitled to notice and damages. 
Ibid. 

34. A highway may be laid over land occupied by a 
building. There is nothing in the nature of such prop- 
erty to exempt it from public servitude, or from the 
power of eminent domain. Ihid. 

35. Whenever the railroad commissioners shall lay 
out a route for such road, they, in conjunction with 
the selectmen of the town in which such land may be 
situated, shall assess the damages sustained by the 
owners of land, in the same way and manner as road 
commissioners in the several counties are now (Dec. 
25, 1844) by law required to do. Laws of 1844, ch. 128, 
sec. 5, amended by Laivs of 1848, ch. 621 ; C. S. ch. 150, 
sec. 10. 



CHAPTER 29. 



PROCEEDINGS OF THE COURT OF COMMON PLEAS 
AND COUNTY COMMISSIONERS. 



1. Power of court of common 

pleas to lay out road, when. 

2. Notice, how to be given. 

3. Duty of road commissioners. 
3,6. Witnesses before commission-- 

ers. 



4. Grade of road, how prescribed, 

5. Vacancies, how filled. 
5,a. Same subject. 

6. Highways across rivers ; boun- 

dary land to establish. 



1. Petitions relative to roads may be presented to 
the court of common pleas in term time, or to the clerk 
in vacation, in the following cases : 

1. Whenever the selectmen shall neglect or refuse to 
lay out, or to widen or straighten a highway in their 
town. 

II. When there shall be occasion to lay out a high- 
way over land not in any town. 

III. When there shall be occasion to lay out or widen 
and straighten a highway over lands in two or more 
towns, one of which is in the county where the petition 
is presented. 

lY. Whenever any town shall discontinue any high- 
way, laid out by the selectmen within two years from 
the time of such laying out. B. S. ch. 60, sec. 1 ; G. S. 
ch. 53, sec. 1. 

2. IJpon the filing of such petition with the clerk of 
the court in vacation, or with the court in term time, the 
clerk shall issue an order of notice to one of the peti- 
tioners, with a copy of said petition, returnable to the 
next term of the court : and said petitioners shall cause 
a certified copy of the same to be given to or left at 
the usual place of abode of one of the selectmen and the 
town-clerk of each of the towns through which such 
road may pass, thirty days before the next term of said 
court. Ibid., sec. 2. 

3. All such petitions shall be referred to the county 
commissioners, who shall appoint a time and place of 

9 



170 PROCEEDINGS OF COURT Or COMMON PLEAS 

hearing tbereoii, give notice thereof to the selectmen 
and town-clerk of the towns through which such road 
passes^ make examination and hear all parties^ and 
make a report of their doings to the court. They shall 
assess the damages to each owner^ and insert the same 
in their report, stating such damages in each town 
separately, and shall certify the damages awarded to 
such owners, to the town-clerk, fourteen days before 
the sitting of the court to which their report is return- 
able. R. S. chs. 50, 61 ; G. S. clis, 53, 54. 

3,6. It is not necessary in an award of damages that 
the county commissioners should direct by whom the 
damages are to be paid. 2 Foster B. 361. 

3,c. Upon the hearing before any board of county 
commissioners, on petitions to lay out, widen or 
straighten any highway, or discontinue any existing 
highway in the State, it shall be lawful for said board 
of commissioners to receive or reject any evidence 
deemed by them competent, when offered by any party; 
and their decision shall be final, valid, and conclusive 
in the premises; and no report made by such board of 
commissioners to any court shall be set aside or recom- 
mitted by the said court on account of the admission 
or rejection of such evidence by said board of commis- 
sioners. Laws, 1858, ch. 2119. 

4. The county commissioners may prescribe in their 
report the grade, or rise and fall to the road, of any 
highway by them laid out, or of any existing highway 
for which a proposed highway not laid out might be a 
substitute; and their report being accepted, if any town 
shall neglect to make such highway in conformity 
thereto, such town may be indicted and fined as for a 
neglect to make or repair highways. R. 8. ch. 51, sec. 
9; G, S. ch. bi.sec. 9. 

5. Upon all petitions relating to roads, if any com- 
missioner or commissioners are interested in any such 
petition, he or they shall not serve, but the vacancy or 
vacancies shall be filled by the court of common pleas 
in which such petition is pending, or by any judge of 
the superior court, or by any judge of the court of 
common pleas in the county in which the proposed road 



AND COUNTY COMMISSIONERS. 171 

is situate, in vacation. Laws of 1846, ch. 353, as amended 
by Laws of 1850, ch. 996. 

If any county commissioner be interested in any 
matter whatever, wherein the county commissioners 
for a county are by law required or authorized to act, 
such commissioner shall not serve, and the vacancy 
may be filled at any time by any judge of the supreme 
court, or by any judge of the court of common pleas in 
the county in which such matter arises. Laws, 1853, 
ch. 1420. 

5,<2. Any county commissioner may be removed from 
office for official misconduct, by the supreme judicial 
court, and the office declared vacant. If any person 
chosen to said office declines to accept, removes from 
the county, resigns, dies, or becomes insane, or when 
there is manifest hazard to the public interest, the ma- 
jority of the justices of the supreme judicial court may 
declare the office vacant. In case of vacancy from any 
cause, the supreme judicial court shall appoint a com- 
missioner, who shall perform all the duties, be subject 
to all the requirements and liabilities, and be entitled 
to all the privileges and emoluments of the vacant 
office. If any commissioner shall be interested in any 
petition relating to roads that maybe referred to them, 
he shall not serve, but the vacancy shall be filled by 
any justice of the court of common pleas, or of the 
supreme judicial court, either in term time or vacation. 
Laws of 1855, ch. 1659, sec. 38. 

6. Whenever a new highway, from one town to 
another, shall be laid out by the road commissioners 
over any river or other stream of water constituting 
the boundary line between said towns, and it shall be 
necessary, in the opinion of said commissioners, to con- 
struct said highway across said river or other stream, 
by bridging, the said road commissioners shall determine 
the points in the side lines of said highway, where the 
same cross the said boundary line, and shall, in their 
report laying out said highway, establish and describe 
the same by reference to monuments on the shore of 
said river, or other stream, or in some other definite 
manner so as that said points may be readily ascertained 
and known ; and the report of said commissioners being 



172 



POWER OF COUNTY COMMISSIONERS TO 



accepted, and judgment rendered thereon, the line 
across said highway betw^een said points shall, for all 
purposes connected with and relating to said highway, 
be deemed and taken to be the true boundary line 
between said towns at that place. Laws of 1851, cK. 
1099 ; a S. ch. 54, sec. 10. 



CHAPTER 29,b. 



OF POWER OF COUNTY COMMISSIONERS TO APPOR- 
TION EXPENSE IN CERTAIN CASES. 



Commissioners may apportion 
part of expense of construct- 
ing roads to other towns. 

Towns liable, for neglect to 
comply with report. 



3. Towns may raise money by 
taxation or otherwise, to pay 
apportioned expense. 



1. Whenever, upon any petition referred to them, 
the county commissioners for any county or counties 
in this State, shall be of opinion that the road prayed 
for, or any portion thereof, is demanded for the public 
accommodation, and shall lay out the same, if in their 
opinion the town or towns through which the same 
passes would be excessively burdened by defraying 
the whole expense of constructing the same, said com- 
missioners shall, make examination of all the circum- 
stances relating to such road, its public utility, the 
expense of its construction, the ability of such town or 
towns to bear the expense, and the benefit to such town 
or towns and any other towns in the vicinit}^, from the 
construction thereof; and if upon such examination 
said commissioners shall be of opinion that the town or 
towns through which the proposed road passes would 
be excessively burdened by defraying all the expenses 
of its construction, and that any other town or towns 
in the vicinity, in the county or counties through which 



APPORTION EXPENSE IN CERTAIN CASES. 173 

such road passes^ would be greatly benefitted by its 
constrtiction, they shall give notice^ as in other cases, 
to such other town or towns as in their opinion would 
be thus greatly benefitted, of the .time and place when 
and where they may be heard in the premises ; and if 
upon such hearing said commissioners shall be of opinion 
that such town or towns ought to bear any portion of 
the expenses of constructing such road, they shall, in 
their report laying out the same, apportion such part 
of said expenses as they shall deem just and reasona- 
ble, to such town or towns in the county or counties 
through which said road passes, as will in their judg- 
ment be greatly benefitted by its construction, to be 
borne by such town or towns ; and any such report of 
said commissioners, being accepted and judgment ren- 
dered thereon, shall be final and conclusive, and execu- 
tion issued accordingly. (7. S. ch. 55, sec. 1. 

2. Any town or towns, other than the town or towns 
through which the same passes, that may have been 
directed, in any report of the county commissioners 
upon which judgment shall have been rendered, to de- 
fray any portion of the expense of laying out and 
building any road as aforesaid, shall be liable for neg- 
lecting to comply with its requirements, in the same 
way and manner as the towns through which the same 
passes are oi may be by law liable for neglecting to 
build the same. 0. S. ch, 55, sec. 2. 

3. Any town may raise money by taxation or other- 
wise for the purpose of paying the proportion of the 
expense of laying out and building any road in any 
other town, ordered by the county commissioners to be 
paid by such town. C. S. ch. 55. sec. 3 } Laws of 1850^ 
ch. 958; fjaws o/1855, ch. 1659. ' 



CHAPTER 30. 



OF THE PAYMENT OF DAMAGES AND COSTS. 

1. Damages paid before road 7. Damages, by whom to be 

made. paid. 

2. What cases excepted. 8. County may pay part, when. 

3. Damages recovered by action. 9. Costs paid by county, when. 

4. If road discontinued, limited. 10. Costs paid by towns, when. 

5. Actual loss recovered only. 11. Damages not recovered back. 

6. Fine, proceedings in case of. 12. Petitioners to share costs. 

1. 'No new highway or alteration in any highway 
shall be made by any town, until the damages awarded 
to the owners of land or other estate taken therefor, 
shall be paid, except in cases provided by law. H. S. 
ch. 52, sec. 1 ; C. S. ch. 56, sec. 1. 

2. If the owner of such land or real estate is a minor 
or insane, and has no guardian, or resides out of the 
State, or is unknown, such new highway or alteration 
may be made without tender or payment of their dam- 
ages. Ibid. J sec. 2. The damages should be ready, 
however, to be paid on demand. 

3. If any highway, or alteration therein, shall be 
laid out and established, any person to whom any dam- 
ages shall be awarded may recover the same, with 
interest, from the person or town liable to pay the 
same, in case the same shall not be paid to him within 
thirty days after the same shall be demanded. Ibid., 
sec. 3. 

4. All actions to recover damages, awarded forl-ands 
taken for highways which may be discontinued, shall 
be brought within six months from the time of such 
discontinuance, and not afterwards. Ibid., sec. 4. 

5. In actions for the recovery of damages for lands 
taken for highways, only the amount of the actual loss 
or damage shall be recovered, in case such highway 
has been discontinued. Ibid., sec. 5. 

6. If a fine shall be imposed upon any town for not 
making or altering any highway, and an agent shall 
be appointed to superintend the making thereof, the 
court on motion may issue execution against such town 



PAYMENT OF DAMAGES AND COSTS. 175 

for the damages awarded to any land-owner, and such 
highway may be made or altered without payment or 
tender thereof. Ibid., sec. 6. 

7. Damages assessed upon the laying out of any high- 
way for the accommodation of individuals, shall be paid 
by them. Those assessed upon the laying out or alter- 
ing of any highway for the accommodation of the 
public, shall be paid by the town in which the land 
taken for such highway shall lie. Ihid.^ sec. 1 . 

8. The court of common pleas, if they deem the ex- 
pense of laying out any new highway, paying the dam- 
ages, and building the same, unjustly burdensome to 
any town, may order a part, not exceeding one half 
such expenses, to be paid by the county ; and may draw 
an order on the county treasurer in favor of such town 
therefor. Ibid., sec. 8. 

The Form of a Petition for such an allowance may 
be as follows : 

To the Honorable Justices of the Court of Common Pleas 
for the County of Hillsborough : 

The subscribers, selectmen of the town of Hancock, 
in said county, in behalf of said town, respectfully rep- 
resent that a new highway has been laid out in said 
town, by the county commissioners of said county, on 
the petition of A. B. and others, filed in this court, and 
that the expense of laying out said highway, paying 
the damages and building the same, is unjustly burden- 
some to said town. They therefore pray your Honors 
to order such a part of said expense as may be reason- 
able to be paid said town out of the county treasury, 
and for such relief as is provided by law. 

D. P. ") Selectmen 
L. C. [ of 

E. W., Jr. ) Hancock. 

An allowance may be made where the highway is 
laid out by the selectmen. In such case the petition 
may be like the foregoing, omitting the words, '^ county 
commissioners of said county/' and inserting instead — 
selectmen of said town. 



176 



DISCONTINUANCE OF HIGHWAYS. 



9. The costs of laying out and of widening and 
straightening highw^ays from town to town^ or through 
land not in any town^ shall be paid by the county. 
Ibid., sec. 9. 

10. The costs of laying out and of v/idening and 
straightening any highway in any town, shall be paid 
by the town, except such part thereof as the court of 
common pleas may order to be paid by the county. 
Ibid., sec. 10. See sec. 8, of this chapter. 

11. If the land-owner has received his damages, the 
money cannot be recovered back by the town, although 
the road is never made. 4 N. H. R. 517. 

12. All the petitioners for a road are liable to pay the 
expenses incurred in endeavoring to procure it laid out ; 
and if one acts as'agent, the rest are liable to him for 
their proportion. 8 N. H. E. 182. 



CHAPTER 31. 



OF THE DISCONTINUANCE OF HIGHWAYS. 



6. Discontinuance unconditional. 

7. New laying out required. 

7,6. Second vote to discontinue, 
when necessary. 



1. Town may discontinue road. 

2. Discontinuance, when valid. 

3. Damages thereby to be paid. 

4. Effect of discontinuance. 

5. Damages, when recoverable. 

1. Any town, at a legal meeting holden for the pur- 
pose, may discontinue any highway in such town. 
B. S. ch. 54, sec. 1 ; 0.8. ch. 58, sec. 1. 

In order to make such a vote legal, an article for that 
purpose must have been inserted in the warrant for the 
town meeting, the Form of which may be thus : 

To see if the town will vote to discontinue the new 
highway laid out in said town by the county commis- 
sioners of said county, on the petition of James Moore 
and others. 



DISCONTINUANCE OF HIGHWAYS. 177 

The Eecord of the vote of discontinuance may be 
thus: 

Voted, To discontinue the new highway, laid out in 
this town by the county commissioners of this county, 
on the petition of James Moore and others. 

If the road was laid out by the selectmen, omit the 
words, ^' county commissioners of said county/^ and 
insert instead — selectmen of said town. 

2. No vote of discontinuance shall be effectual, with- 
out the consent of the court of common pleas, if such 
road was not laid out by the selectmen, or if it was laid 
out by the selectmen during the pendency of any peti- 
tion in the court of common pleas for the laying out 
thereof, or if an indictment or information is pending 
against such town, for neglect. to make or repair such 
highway. Ibid., sec. 2. 

In such case the selectmen, in behalf of the town, 
should immediately petition the court of common pleas 
for leave to discontinue such highway, setting forth in 
the petition the vote of the town. 

* 3. If any person is injured by the discontinuance of 
any highway, he may petition the court of common 
pleas for redress ; and the court, after due notice to 
others interested, may award such damages and costs 
as may be just, and issue execution therefor against 
the town. Ibid., sec. 3. 

This is a new provision in our laws ; but it seems 
reasonable that if the public good requires a road to be 
discontinued, and any individual is injured thereby, he 
should be recompensed. The injury is often greater 
in such case than in laying out a new road. 

4. "When a highway is legally discontinued, the 
public right of passage ceases, the duty of the town to 
keep it in repair no longer exists, and the owner has 
his land again free from the incumbrance/' 4 N. JS. B, 
518. 

5. Although a highway is discontinued before it is 
opened or worked, or any contract is made to work it, 
yet a person who sustains damages by reason of such 
discontinuance is entitled to recover such damages. 3 
Metcalfs B. 558. 

6. A town cannot discontinue a highway during 

9* 



178 REPAIRING HIGHWAYS IN TOWNS. 

pleasure, with a reservation of a right to open it at any- 
time without paying damagel. The reservation in such 
case will be void and the discontinuance absolute. 10 
iV: S. R. 133. 

7. To establish a highway once discontinued, there 
must be a new laying out, payment of damages, &c., as 
if it was new. 10 N. S. B. 137. 

7,&. When a road has been laid out by the road com- 
missioners, and their report accepted by the court, and 
the town subsequently voted to discontinue the road, 
and petitioned the court for leave to discontinue, which 
petition was referred to the road commissioners, who 
made report that the road ought not to be discontin- 
ued, and the report was accepted by the court, and the 
town again petitioned the court for leave to discontinue 
the road, founding their application upon the same 
vote to discontinue— AeZ^Z, that the matter must be re- 
garded as res judicata^ and that the petition must be 
dismissed. 

Upon a fresh vote of the town, the presumptio/i 
would be that the new facts had arisen, and such a pe- 
tition would probably be referred to the road commis- 
sioners. 2 Foster B. 576. 



CHAPTER 32. 



OF REPAIRING HIGHWAYS IN TOWNS. 



1. Highway tax, how raised. 

2. Prices of labor, how fixed. 
2,6. Taxes to be expended, when. 

3. Surveyors, how chosen or ap- 

pointed. 

4. Districts to be limited ; sur- 

veyor's warrant. 
4,a. Districts not assigned by 
vote of town. 



4,6. Surveyor's warrant need not 
be under seal. 

4,c. Surveyors' districts, how lim- 
ited. 

5. Notice to work to be given. 

6. Notice on sudden emergency. 

7. Tax levied by distress, when. 

8. Excuse may be made, when. 



REPAIRING HIGHWAYS IN TOWNS. 



179 



9. Accoiint rendered by survey- 
ors. 

10. Extent for neglect, when. 

1 1 . Tax worked in other districts. 
11,6. Taxes may be expended on 

private way. 

12. Tax may be raised in money 

and expended, how. 

13. Collector's power in that case. 

14. Timber, &c., to be purchased. 
14,6. Liability of towns and sur- 
veyors therefor. 

14,c. Surveyor may recover price 
of materials to repair road. 

14,<f. Towns have no right to trees 
in highway. 

15. Gravel, &c., how removed. 



16. Tax not needed in district, 

where worked out. 

17. Time of traveling allowed. 

18. Expense of repairs made by 

county, when. 

19. Such expense, how paid. 

20. Surveyors' districts, limits. 

21. Form of surveyor's warrant. 

22. Proceedings on distress. 

23. Power of surveyors. 

24. What is a legal choice. 

25. If road out of repair, notice. 

26. If no highway districts. 

27. Eoad may be leveled, when. 
27,a. Power of selectmen to ap- 
point agents. 

28. Koads repaired by contract. 



1. Every town^ at their annual or other meeting, 
shall raise such sum of money as they may jndge neces- 
sary for making and repairing the highways and. bridges 
therein for that year, and the same shall be assessed on 
polls and estates, in the same manner as State taxes 
are by law assessed. B. 8. ch. 55^ sec. 1; C. S. ch. 59, 
sec. 1. See ch. 21, " Of the assessment of taxes.^^ 

2. The town may determine the prices to be allowed 
for labor, utensils and materials applied in repairing 
highways ; othervfise such prices shall be fixed by the 
selectmen. Ibid., sec. 2. 

2,b. Towns may legally vote to raise a part of their 
highway taxes to be expended in summer and a part 
in winter. 1 Foster jR. 425. 

The prices allowed for labor, utensils and materials 
should be inserted in the surveyors^ warrants. 

3. The town may choose as many surveyors of high- 
ways as they shall judge proper, who shall enter on 
their duties on the first day of May ; and in case no 
election shall be made, the selectmen shall appoint such 
surveyors. Ibid., sec. 3. 

The FoiiM OF SUCH Appointment may be : 

STATE OE ISTEW-HAMPSHIEE. 

To A. B., of C, in the County of Carroll. 

Whereas there is a vacancy in the office of surveyor 
of highv/ays in district No. 2, in said town, for the year 



180 REPAIRING HIGHWAYS IN TOWNS. 

1858 ; we^ the subscribers, selectmen of said town, do 
hereby appoint you surveyor of highways for said dis- 
trict, and you are to possess all the powers and execute 
all the duties by law appertaining to said office. 

Given under our hands this twentieth day of April, 
1858. 

D. P., &c., Selectmen of C 

4. The selectmen, on or before the first day of May, 
shall limit the several surveyors' districts, and give to 
each a list of the several persons in his district, with 
the highway tax assessed to each, and a warrant to 
collect the same. Ibid., sec, 4. 

4,a. When a town choose surveyors of highways, it 
is not necessary that the vote of the town should assign 
a particular district to each surveyor. That is properly 
left to be done by the selectmen. 4 Foster E. 314. 

4,6. It is not necessary that a surveyor's warrant for 
collecting highway taxes should be under seal. 1 Foster 
B, 425. 

4,c. Surveyors' districts are not required to be so 
limited as to include the whole territory of the town. 

It is sufficient if they include a definite part of the 
highways. 

It is not necessary that they should include the resi- 
dences of all the persons named in their lists of taxes. 
1 Foster B. 425. 

5. Every surveyor shall give personal notice to, or 
leave a notice at the usual place of abode of each per- 
son named in his list, of the amount of his tax, and of 
the time when, the place where, and the tools with 
which he shall attend to work out his tax, four days 
before the time appointed, and may require any person 
to work any part of his tax, not exceeding one half, in 
the labor of oxen or horses. Ibid., sec. 5. 

6. In cases of sudden emergency, which may require 
immediate remedy, the surveyor may give such notice 
to any person to attend forthwith. Ibid., sec. 6. 

7. If any person so notified shall neglect or refuse to 
attend in person, or by one or more suitable laborers, 
the surveyor siiall levy the delinquent's tax by distress, 



REPAIRING HIGHWAYS IN TOWNS. 181 

in the same manner as collectors may levy and collect 
the State tax. Ibid., sec, 7. 

For directions how to proceed in such case, see chapters 
23 and 26. 

8. If any delinquent shall, within four days after the 
time so appointed, render to the surveyor a sufficient 
excuse for his neglect, he shall be notified to work at 
some other time. Ibid., sec. 8. 

9. Every surveyor shall render an account of the 
tax to him committed, and to pay over the balance, not 
expended on the highways, to the selectmen, agreeably 
to the requirement of his warrant. Ibid., sec. 9. 

10. If any surveyor shall neglect to render such ac- 
count and pay over such balance, the selectmen may 
proceed with such surveyor in the same manner they 
may by law proceed with collectors of taxes who are 
delinquent in collecting and paying over the taxes com- 
mitted to them to collect. Ibid., sec. 10. 

This proceeding is by issuing an extent. See ch. 27. 

11. The selectmen may order any surveyor to cause 
the taxes then dae on his list, to be worked out in any 
other district in which the taxes, from any unforeseen 
accident, shall be found insufficient ; and if the taxes 
then due shall be insufficient, the selectmen shall cause 
the road or bridge affected by such accident to be put 
in repair at the expense of the town. Ibid., sec. 11. 

This Order may be as follows : 

To A. B., Surveyor of Highways in District No. 1, in the 
Town of Goffstown. 

You are hereby required to cause the sum of fifty 
dollars, part of the taxes on the list of highway taxes 
committed to you, to be immediately worked out and 
expended on the highway in district ISo. 3, in said town, 
under your direction, according to law. 

C. D., &c., Selectmen of Goffstown. 

11,6. The selectmen may, whenever they may deem 
it proper, permit any person who may not reside upon 
a public highway, to expend the whole or any part of 
his highway tax upon any private way leading from 



182 REPAIRING HIGHWAYS IN TOWNS. 

the public highway to the dwelling-house of such per- 
son. LaiDS of 1848, ch. 733 ; 0. S. ch, 59, sec. 12. 

12. Any town may order any highway tax, then 
voted to be raised, to be collected by the collector of 
taxes in money ; and such tax shall be paid over to the 
treasurer or selectmen, and expended in repairing the 
highways, under the direction of the selectmen or sur- 
veyors of highways, as the town may direct. B. S. 
ch. 35, sec, 12 ; 0. S. ch. 59, sec. 13. 

13. The collector of taxes shall have the same powers 
and be subject to the same duties, in relation to any 
tax so voted, as he has in relation to the State tax. 
B. S. ch. 55, sec. 13 ; C. S. ch. 59, sec. 14. 

14. Surveyors of highways shall purchase all such 
timber, plank, and other materials as are necessary for 
repairing the highways and bridges in their respective 
districts, at the cost and charge of the town. B. S. ch. 
55, sec. 14; G. 8. ch. 59, sec, 15. 

14,&. Accordingly, where a surveyor of highways, on 
account of the town, purchased a quantity of gravel 
necessary for the repairs of a highway in his district, it 
was holden, that the town was liable, and not the sur- 
veyor. 15 N, H. B, 360. 

It is not sufficient to charge a surveyor personally 
with the value of materials purchased on account of the 
town for the repairs of a highway in his district, in a 
case in which his agency is disclosed, and the credit is 
originally given to the town, that he, after the delivery 
of the gravel, shall have refused to certify to the select- 
men the true price to be paid for the gravel, lb N,II. B, 
360. 

14,c. In an action by a surveyor of highways to re- 
cover of a town the price of materials furnished by him 
for repairs of a bridge, if the surveyor used his best 
judgment in deciding on the necessity of the repairs, 
the town cannot introduce evidence before the jury to 
show that the repairs were not in fact necessary. 4 
Foster B, 314. 

If, for the necessary repairs of a bridge, a surveyor of 
highways takes materials for which no price is fixed by 
the town or selectmen, of one who owed a tax on his 
list, and discharge the tax, he may recover of the town, 



REPAIRING HIGHWAYS IN TOWNS. 183 

under the statute, the price of such materials, unless in 
accounting to the town he discharges himself from the 
taXj by showing that he received it in materials which 
he applied to the use of the town. 4 Foster B. 314. 

14,<^. By the laying out of a public highway the pub- 
lic acquire no right to use the trees growing upon the 
land, to build or repair the road. 4 Foster B. 208. 

15. Every surveyor shall have power within his dis- 
trict to remove any gravel, sand, rocks or other mate- 
rials from the traveled part of any highway therein, 
without damage or injury to the adjoining land, to any 
other part of the highway in said district, for the pur- 
pose of repairing and grading the same: but he or 
those under him shall not for any purpose make an 
uncovered trench or ditch by the side of the traveled 
part of any highway, next and opposite to any dwelling- 
house or yard situate thereon, or in any way obstruct 
the passage to and from the same. B, 8. ch. 55, sec. 15; 
0. S. ch. 59, sec. 16. 

16. Whenever the whole tax in any surveyor's list 
is not, in the opinion of the selectmen, needed for re- 
pairing the highways in his district, they may direct 
the surveyor to cause the same to be worked out in 
any other district. B. S. ch. 55, sec. 16 ; C. S. ch. 59, 
sec. 17. 

The order may be the same as in sec. 11. 

17. The surveyor shall allow every person resident 
in his district, performing labor or service on the high- 
ways, for the time necessarily occupied in traveling 
from his home to the place where such labor is performed, 
and in returning therefrom. B. S. ch. 55, sec. 17 ; C. S. ch, 
59, sec. 18. 

18. The court of common pleas, upon petition, may 
order any part of the expense of repairing any high- 
way to be paid from the county treasury, in case they 
shall judge the expense of such repairs to be unjustly 
burdensome to such town, or in case the county con- 
vention shall be of opinion that any part of such ex- 
pense should be paid by the county. B. S. ch. 55, sec. 
18 ; a S. ch. 59, sec. 19. 

The Form oe such Petition may be as follows : 



184 REPAIRING HIGHWAYS IN TOWNS. 

To the Honorable Justices of the Court of Common Fleas 
for the County of Cods. 

The subscribers^ selectmen of the town of D., in- said 
county^ in behalf of said town, respectfully represent 
that the expense of keeping in repair the highway in 
said town, leading from to , is unjustly burden- 
some to said town of D. : 

We therefore request your Honors to order such part 
of said expense as may be reasonable, to be paid to said 
town of D., from the county treasury, or that such high- 
way may be put in repair by said county. 

A. B., &c., Selectmen of D. 

19. The court may direct such sum as they may 
order to be paid by the county, to be paid by the town, 
or may cause such highway to be put in repair in such 
manner as they may think proper, and may draw their 
order for said sum upon the county treasurer. S. S. 
ch. 55, sec. 19 ; C. S. ch. 59, sec. 21. 

20. The limits of surveyors' districts should be fixed 
by the selectmen, signed by them, and recorded in the 
town books on or before the first day of May. 

The Form may be as follows : 

"VVe, the subscribers, selectmen of the town of P., 
hereby fix the following limits to the several surveyors' 
districts in said town : 

District No. 1 shall embrace all the highways and 
bridges within the following limits : from the house of 
A. B. by the house of C. D., to the town line ; also the 
road leading from said road, by the house of B. F., to 
the road leading from said P. to H. District JSTo. 2 
shall embrace, &c., &c. 

A. B., &c.. Selectmen of P, 

If the selectmen make no alteration in the limits last 
recorded, the Eecord may be : 

We, the subscribers, selectmen of the town of P., 
hereby ^^ and assign the same limits to the several 
highway surveyors' districts in said town as have been 
heretofore assigned to the same respectively. 

A. B., &c., Selectmen of P. 



REPAIRING HIGHWAYS IN TOWNS. 185 

21. The Form of the Surveyors' Warrants maybe: 
STATE OF NEW-HAMPSHIEE. 

Merrimack ss. To Feter Jones, surveyor of highways 
for district Wo, 1, in the Toion of Bow, in said County, 
for the year eighteen hundred and fifty -eight. 
[L. S.] In the name of said State you are required 
to give personal notice to each person named in the 
list herewith committed to yon, or leave a written notice 
at his usual place of abode, of the amount of his tax^ 
and of the time when, the place where, and the tools 
with which he shall attend to work out his tax, four 
days before the time appointed; and to cause said 
taxes to be worked out upon the highways in said dis- 
trict, under your direction, until said persons have paid 
respectively the sums set against their names in said 
list, at the following prices : 

[Here insert the price of labor, tools, &c., as fixed by the town or by 
the selectmen-l 

And you are to cause said taxes to be applied to the 
repair of the highways in said district, at the times 
when and places where it may be most usefully applied, 
and may require any person to work out any part of 
his tax, not exceeding one half, in the labor of oxen or 
horses. The limits of your^aid district are as follows: 

[Here insert the limits of the district.] 
If any person named in said list, having had four 
days notice to work as aforesaid, shall neglect or refuse 
to attend in person, or by one or more suitable laborers, 
and shall not within said four days render to you a 
suflacient excuse for his neglect, you are to give a written 
notice of the amount of his tax to such person, or leave 
a like notice at his usual place of abode. If the same 
is not paid within fourteen days after such notice, you 
are to collect the same by distress and sale of the goods 
of the person so neglecting ; but in ease you have good 
reason to believe that such person is about to remove 
from town, you may distrain within said fourteen days. 
In no case, however, are you to make distress of any 
person's tools or implements necessary for his trade or 
occupation, nor of his military uniform, arms and equip- 



186 REPAIRING HIGHWAYS IN TOWNS. 

ments^ nor of utensils of household necessary for up- 
holding life, nor of bedding or apparel necessary for 
him or his family. And for want of goods or chattels 
whereon to make distress^ you are to take the body of 
any person so neglecting or refusing to pay, and him 
commit to the common jail in the county, there to re- 
main until discharged by due course of law. 

You are to keep any such distress four days, (unless 
the tax and charges shall be sooner paid) at the cost of 
the owner; and if the tax, cost and charges are not 
then paid you are to post up, in two or more public 
places in the town, twenty-four hours, at least, before 
the time of sale, a notice of the place, day and hour of 
the sale, with a particular description of the property 
to be sold. Such sale shall be within the town where 
the distress is made, within forty-eight hours after the 
expiration of the four days, and between the hours of 
ten in the forenoon and six in the afternoon ; and you 
are then and there to sell the same at public auction, 
to the highest bidder. You are also, immediately after 
such sale, to deliver, or have ready to deliver, on re- 
quest, to the owner of the property sold, a particular 
account in writing of his taxes, your fees, the charge 
of keeping and sale, and the amount of sale of each 
article sold, with the overplus, if any, after deducting 
said tax and charges. 

And you are to settle your accounts with and pay 
over any balance in your hands, if any, to the select- 
men of said town, at the expiration of your official year. 

Given under our hands and seal, this twentieth day 
of April, in the year eighteen hundred and fifty-eight. 

A. P. [ Selectmen of Bow. 
T. D.) 

22. When any distress is made by the surveyor, he 
must make a return of his doings on his warrant, and 
this return should state particularly the giving of the 
notice required in section 5, the giving of the second 
notice to pay, the posting up of advertisements, and 
every other act which the law requires. This return 
is the sheriff's protection, and should be made with 



REPAIRING HIGHWAYS IN TOWNS. ^ 187 

great care, so as to state all the facts fully and explicitly. 
15 Maine E. 248. 

23. A surveyor may cut and remove trees growing 
in a highway, so far as is necessary to make the road 
or keep it in repair ; but if he converts the wood to his 
own use he will be a trespasser. 1 N. H. JR. 16. 

24. A surveyor of highways, chosen at a meeting not 
legally holden, is not a legal officer, and cannot legally 
make a distress. 7 JSf, H. R. 206. 

25. If a road in any district is out of repair, and the 
highway tax of the district is not sufficient to repair it, 
the surveyor should immediately notify the selectmen, 
who shall cause the repairs to be made at the expense 
of the town. Sec. 11, of this chapter. 

26. If the limits of a surveyor's district are assigned, 
he is the sole judge of the duties to be performed within 
such limits ; but if the selectmen neglect to assign any 
limits, it will be necessary for them to act together, or 
by the voice of the majority of the whole number. 1 
Pick. R. 426. 

27. If the public safety and convenience require a 
leveling of the road, he must do it with as much care, 
in relation to property bordering on the road, as it is 
possible for him to use; and if he should abuse his au- 
thority by digging down or raising up, where it might 
not be necessary for the reasonable repair of the road, 
he would be liable to any suffering party for damages. 
1 Fick. R. 428. 

27,a. The selectmen have power to appoint agents to 
build roads, and their warrant is sufficient evidence of 
such appointment. 4 Foster R. 208. 

28. The selectmen of any town in this State shall 
have authority to ref)air and maintain the highways or 
portions of them, in their respective towns, by contract 
for a term of years not exceeding ^ve, and such con- 
tract shall be binding on their successors in office and 
upon the town, provided that such town shall first 
adopt this act at any legal meeting of the voters thereof, 
due notice being given in the warrant calling such 
meeting. Laws of 1858, ch. 2110. 



CHAPTER 33. 



OF MAKING AND REPAIRING HIGHWAYS NOT IN ANY 
TOWN. 



1. Owners to contribute to expen- 

ses of building roads. 

2. Notice of laying out given. 

3. Tax to be assessed, how. 

4. Notice of tax and sale given. 

5. Owner may pay his part. 



6. Sale to be made, how. 

7. Deed, who to make, when. 

8. Money, how to be applied. 

9. Repairs made in same manner. 

10. Owners may assess tax. 

11. Powers of legislature. 



1. Highways^ not within the hmits of any town, 
shall be made and repaired by the owners of the lands 
throngh which they pass; and all the owners of any 
landj holden under one title from the State or Province, 
shall pay their proportion, according to their interest, 
of all costs of making and repairing the highways 
through any part of such land. M. S. ch. 56, sec. 1 ; 
a S. ch, 60, sec. 1. 

2. The court of common pleas, whenever they shall 
lay out any highway through such land, shall cause 
notice thereof to be published in some newspaper, four 
weeks successively, describing such highway, and re- 
quiring the owners of the land to make said highway 
passable within such reasonable time as they may or- 
der ; and said court may order the whole or a reason- 
able part of the expense of m^aking or repairing said 
highway to be paid by the county. Ibid.^ sec. 2. 

3. If such highway shall not be made as required by 
such notice, the said court shall assess such land so 
much hj the acre as they may judge necessary to make 
the same. Ibid., sec. 3. 

4. The county treasurer shall advertise such tax in 
some newspaper four weeks^ requiring the owners of 
such land to pay the same to him in sixty days from 
the first publication of such advertisement, and notify- 
ing the owners that such land will otherwise be sold at 
auction, at a certain time and place mentioned therein. 
Ibid., sec. 4. 



MAKING AND REPAIRING HIGHWAYS. 189 

5. The owner of any part of or interest in such tract 
Hiay pay said tax for the same, and take a receipt, de- 
scribing the part or interest for which he pays. Ihid.j 
sec, 5. 

6. If said tax is not paid within said sixty days on 
any part of such land, the county treasurer shall sell 
the part or interest of the delinquent, at the time and 
place mentioned in such advertisement, or so much 
thereof as may be necessary to pay said tax, with inci- 
dental charges. Ibid., sec. 6. 

7. The county treasurer shall make a deed of the 
land so sold, to the purchaser, after the time of redemp- 
tion has expired; and any person interested therein 
may redeem the same by payment or tender to the 
county treasurer, for the use of the purchaser, of the 
amount for which the same was sold, with twelve per 
cent, interest thereon, within one year from the sale. 
lUd., sec. 7. 

8. The money so raised shall be applied, under the 
direction of the court, to make and repair such high- 
ways. Ibid., sec. 8. ^ 

9. A similar method may be pursued by said court to 
keep in repair highways running through said lands, in 
case the owners shall neglect to repair the same. Ibid.^ 
sec. 9. 

10. The owners of such lands may call meetings, and 
vote such sums of money for making and repairing 
highways as they may think proper, and choose offi- 
cers for levying and collecting the same, as proprietors 
of common and undivided lands are by law authorized 
to do. Ibid., sec. 10. For the jpovjers of such ^* proprie- 
tors;' see B. S. ch. 143 ; C. 8. ch. 157. 

11. '' The legislature has no constitutional right to 
grant a tax upon lands in a particular town or place, 
for the purpose of making or repairing roads in such 
town or place.'' 4 N. H. B. 572. The law must be 
general, applying to all towns or places in the State. 
Ibid. 



CHAPTER 34. 



OF THE LIABILITY OF TOWNS FOR NOT MAKING AND 
REPAIRING HIGHWAYS. 



1. Town fined for neglect, when. 

2. Notice of prosecution given. 

3. Proceedings in such case. 

4. Witnesses' fees, how paid. 
6. Fines, how collected. 

6. Agents to be appointed. 

7. Public highway, what is. 

7,a. Highway created by long use. 
7,6. After twenty years' use town 

cannot denythat road is laid 

out. 

8. Town liable for damages. 
8,a. Liable for acts of surveyor, 

when. 
8,6. Liability of towns in first in- 
stance. 

9. Surveyor, when liable. 
9,a. When liability ceases. 



9,5. Surveyors not liable for in- 
cidental damages. 

9,c. Surveyor not to make dams 
in road, when. 

9,c/. Liability of, in such case. 

1 0. Weight of load limited. 

11. Width of felloes regulated. 

12. Number of cattle limited. 

13. Burden of proof on plaintiff. 

14. Liability for snow also. 

14,6. Part of tax may be expend- 
ed in winter. 

15. Liability for private way. 

16. Liability, rules respecting. 
16,a. Action for injury limited. 

17. Liability by user, when. 

18. Duty, if repairs necessary. 

19. Road, when out of repair. 



1. Fines shall be imposed upon towns for neglect to 
make or repair highways^ in the following cases : 

I. If any town shall unreasonably neglect to make 
and put in good repair any new highway laid out 
therein. 

II. If any town shall unreasonably neglect to alter 
and put in good repair any highway which has been 
widened and straightened therein. 

III. If any town shall unreasonably neglect to grade 
the hills in any highway therein, agreeably to the judg- 
ment of the court of common pleas. 

ly. If any town shall neglect to cause any danger- 
ous causeway or embankment in any highway therein 
to be securely railed. 

Y. If any town shall neglect to keep any highway 
therein in good repair, and suitable for the travel pass- 
ing thereon. B. S. ch. 53, sec, 1 ; C. S. ch. 57, sec. 1. 

The third and fourth articles in this section are new, 



MAKING AND REPAIRING HIGHWAYS. 191 

and the latter deserves the especial attention of town 
officers. 

2. The grand jury may indict, or the attorney-general 
or solicitor may file an information, against any such 
town, for either of said offences ; and a summons shall 
thereupon be issued to such town, which shall be served 
by giving to one of the selectmen, and to the town- 
clerk, or leaving at their usual places of abode respect- 
ively, an attested copy thereof, with a like attested 
copy of the officer's return thereon, thirty days before 
the court at which the same is returnable. Ihid.j sec. 2. 

3. If such town shall not appear at said court, or 
shall be found guilty by verdict or otherwise, the court 
shall impose on such town a fine sufficient to put such 
highway in perfect repair, and to defray all the ex- 
penses connected therewith, and render judgment 
against such town for costs. Ihid., sec. 3. 

4. No fees for witnesses shall be taxed against such 
town, except such as have attended as witnesses in such 
prosecution by order of the attorney-general or solicitor. 
Ibid., sec. 4. 

5. All such fines and costs shall be levied and col- 
lected by execution, in the same manner as executions 
against towns are levied in civil cases. Such fine shall 
be paid over to the agent appointed, as is herein pre- 
scribed, and the costs to the attorney-general or solic- 
itor. Ihid., sec. 5. 

6. One or more agents shall be appointed by the 
court to superintend the collection of such fine, who 
shall apply the same to make, alter, repair, grade or 
secure such road, as the case may require, and who 
shall seasonably make return of his doings in the ap- 
plication and expenditure thereof to said court for their 
allowance. Ihid., sec. 6. 

7. ISTo highway that has not been laid out agreeably 
to statute law shall be deemed a public highway, unless 
the same has been used by the public for a term of 
time not less than twenty years; and no highway 
thrown open to the public, the use of which would not 
be necessary for public travel, excepting for the pur- 
poses of travel over a toll bridge, shall ever be deemed 



192 



LIABILITY OF TOWNS FOR NOT 



a public highway, unless the same shall be laid out 
agreeably to statute law. Ibid., sec, 7. 

This provision is new, and its effect upon the liability 
of towns is very extensive. Previously, the use and 
repair of a way by a town made it a public highway, so 
as to make the town liable. Now, a legal laying out, 
or twenty years' use, is essential. 

The charter of a turnpike corporation was repealed 
by the legislature. It was held that the town did not 
become lia^ble to keep the road in repair, in consequence 
ofsuchrepeaL 11 N. M. B, 4:07 . 

7,a. A public highway may be created by a long nse 
of land by the public, for the purposes of a highway. 
3 Foster B. 327. 

But the way, to become public, must be used in such 
a manner as to show that the public accommodation 
requires the way, and that it is the intention of the 
owner of the land to dedicate it to the public for that 
purpose. 3 Foster B. 327. 

7,6. After a town has acquiesced, for more than 
twenty years, in the doings of their selectmen in lay- 
ing out a highway, they are estopped from saying that 
the road was not legally laid out. 1 Fogg B. 331. 

8. In case any special damage shall happen to any 
person, or to his team or carriage, by reason of the ob- 
struction, insufficiency or want of repair of any highway 
or bridge in any town, the person injured shall recover 
his damage in an action against such town. B. 8. ch. 
57, sec. 1; 0. S. ch. 61, sec. 1. 

The town is not liable for such damage except by 
this chapter. 10 JST. S. B. 893. 

Exemplary damages {smart money) may be given, if 
there has been gross negligence. 10 iV. jET. B. 130. 

8,a. A town is not liable for damage occasioned by 
the acts of the surveyor, except in cases when such lia- 
bilit}:^ is imposed by statute, and he is not to be consid- 
ered the agent of the town in making repairs of high- 
ways within the town, so as to charge the town for 
damage occasioned by his illegal acts. 1 Fogg B. 435. 

8,6. Towns are liable, in the first instance, for special 
damages occasioned by any obstruction placed in a 



MAKING AND REPAIRING HIGHWAYS. 193 

public highway, without right, by any person or corpo- 
ration. 7 Foster B. 204. 

9. The town shall have a remedy over against any 
surveyor of highways through whose fault or neglect 
the said damage happened. B. S. ch. 57, sec 2 ; C. >S. 
ch. 61, sec. 2. 

9,(2. The liability over of a surveyor of highways to 
the town for damages arising from want of repairs of 
a highway, ceases when the surveyor has, within the 
scope o^ his authority and in good faith, caused all the 
taxes in his warrant to be worked out, unless a farther 
amount be placed in his hands by the selectmen. 9 
Foster R. 94, 

9,6. Surveyors of highways, and those acting under 
them, are not liable for incidental damages to land- 
owners and others, in making or repairing the roads 
in their districts, if, in so doing, they act with discre- 
tion and in a suitable and proper manner. Otherwise, 
if their acts are wanton, malicious or improper. 3 
Fogg E. 306.. 

9,c. Surveyors of highways are not authorized to 
make dams or embankments on the sides of roads, or 
bars across the same, so as to throw back upon adjoin- 
ing owners the water that naturally flows into the 
highway ; but in such case it is their duty to make 
culverts or bridges for it to pass across the roads, or to 
make channels or canals by the sides of the highways, 
so that it may pass off naturally, without injury. 3 
Fogg R. 306. 

9,d. Where a surveyor made a substantial bar of 
stone and gravel across the road, within his district, 
near the eastern terminus of the same, by which water, 
which in its natural flow would pass through his dis- 
trict, was thrown back into an adjoining district, and 
upon the premises of the plaintiff, situated in the latter 
district, — held, that the surveyor, and those acting 
under him, were liable for the damages thus occasioned 
to the plaintiff. 3 Fogg B. 306. 

10. ISTo town or other corporation shall be liable for 
any damage from any deficiency of any highway or 
bridge, if the weight of the load upon the carriage, 

10 



194 LIABILITY OF TOWNS FOR NOT 

exclusive of the carriage, shall exceed five tons. Laws 
of 1844, c/i. 145, sec. 1 ; C. S. ch. 61, sec. 8. 

11. No town or other corporation shall be liable for 
any damage arising from any deficiency of any high- 
way or bridge, if the weight of the load upon the carri- 
age, exclusive of the carriage, shall exceed three tons, 
unless the felloes of the wheels of such carriage shall be 
of the width of five inches or more. Ihid.^ sec. 2; C. S. 
ch. 61, sec. 4. 

12. No town or corporation shall be liable to any 
person for any damage occasioned to droves of cattle 
by reason of the deficiency of any bridge, where the 
number of cattle on such bridge at the same time 
shall exceed twenty-five. i2. 8. ch. 57, sec. 5 ; C. 8. ch. 
61, sec. 5. 

13. Upon the trial of any action for the recovery of 
such damage, it shall be incumbent on the plaintiff to 
prove the weight of such load, or the number of cattle 
upon such bridge. Ihid.^ sec. 6. 

14. Every town and surveyor of highways shall be 
liable for any damage arising from the snow incumber- 
ing the same, as from any other deficiency ; and such 
surveyor and the selectn^en shall have the same pow- 
ers and be subject to the same duties in relation to such 
incumbrance as in case of any other accident occurring 
to a highway. Ibid., sec. 7. 

14,&. Towns may legally vote to raise a part of their 
highway taxes to be expended in summer, and a part 
in winter. 1 Foster M. 425. 

15. A way laid out for the accommodation of indi- 
viduals is a public highway. Every person, having oc- 
casion, has a right to use it, and the town is bound to 
keep it in repair 3 N. H. R. 463, 465. 

16. " Towns are not liable for damages occasioned to 
an individual, if he was in fault, or unless the injury 
resulted directly from the want of repairs. The prin- 
ciples which must govern actions upon the statute are 
easily illustrated. 

^^ Suppose a bridge across a stream in a town is so 
out of repair and ruinous as to be manifestly unsafe to 
pass. Any person coming to such bridge with his 
horsC; carriage, or team, might, w^ith great propriety, 



MAKING AND REPAIRING HIGHWAYS. 195 

decline to pass it; and if he sustained any special dam- 
age by reason of his being unable to pass it^ he might 
well maintain an action against the town. 

" But if, in such case, knowing the situation of the 
bridge, he should attempt to pass it with his horse or 
team, and they should be lost or injured, he could 
maintain no action against the town, because the loss 
must be attributed to his own fault and folly in at- 
tempting to pass such a bridge. Or, if finding the 
bridge impassable, he should lose his horse in an at- 
tempt to ford the stream, the town would not be liable 
for the loss of the horse, because the damage in such 
case did not result directly from any defect in the 
bridge, but from some danger in fording the stream. 
But if, coming to the bridge in the night, without any 
notice of its defects, he should lose his horse in attempt- 
ing to pass it, the town would be liable.^^ 2 N. H. B. 
394. 

And towns are liable whether the defect was previ- 
ously known to exist or not — 8 N. H. B. 53; and 
although the road is in the same state as when first 
made and accepted. Ihid. ; 16 Mass. R. 106. 

16,a. The provision of the statute, giving an action 
against the town for damage resulting through defects 
in the highway, limits the remedy to such injuries as are 
received by a person, his team or carriage, directly from 
the defect in using or attempting to use the highway 
as such. 1 Fogg S. 435. 

17. A bridge, though erected by individuals, yet if 
dedicated to the public, and used freely by them so 
long as to evince its public utility, must be kept in re- 
pair by the town. 2 N. H. B. 513; but not unless so 
used tioenty years. Sec. 7, of this chapter. 

18. If a road or bridge is out of repair, travelers 
should be warned of their danger by a railing, or by 
something else which may answer the same purpose. 
This should be done by the surveyor, and the necessary 
repairs made without delay. 2 FairfielcUs B. 274. 
"Whether a bridge has been wantonly destroyed by 
individuals, or accidentally, by fire or flood ; whether 
an excavation has been made by design, or by running 
waters ; whether an obstruction in the road has hap- 



196 



INJURIES AND INCUMBRANCES. 



pened by the unauthorized act of individuals, or by the 
falling of trees uprooted by the wind, the public con- 
venience equally requires that the necessary repairs 
should be speedily made, and the law has imposed on 
towns both the duty and the liability, Ihid. 

19. Towns are not bound to keep the whole width of 
the road, from one boundary to the other, free from 
obstructions, and fit for the use of travelers, but only 
a reasonable part thereof 16 Pick, B. 189. And if 
travelers are injured out of such traveled part, if of 
reasonable width, the town is not liable for such injury. 
Ibid. 



CHAPTER 35. 



OF INJURIES TO AND INCUMBRANCES AND EN- 
CROACHMENTS ON HIGHWAYS, AND THE RIGHTS 
OF THE PUBLIC AND LAND-OWNERS THEREIN. 



1. Injuring highway, liability. 

2. Liable for all damage done. 
2,a. Interest of towns in high- 
way. 

3. Incumbrances, how removed. 

4. Complaint, when to be filed. 

5. Proceedings on complaint. 

6. Surveyor's power to sell. 

7. Persons incumbering, liable. 

8. Encroachment, how removed. 

9. Public structures excepted. 



10. Gates on road, when allowed. 

11. Appeal to court, when. 

12. Form of complaint in sec. 4. 

13. Form of order of notice. 

14. Notice, how given thereon. 

15. Form of warrant thereon. 

16. Other proceedings, what. 

17. Ri«;hts of public and owners. 

18. " Public highway,^' what is. 

19. Aqueduct and gas pipes laid 

in street. 



1. If any person shall wantonly or illegally injure or 
damnify any highway, causeway or bridge, by destroy- 
ing or taking away any of the plank, timber, stones, 
or other materials thereof, or by digging any pit 
therein for gravel or clay, or for any other purpose, he 
shall, on conviction, be punished by fine not exceeding 
one hundred dollars, or by imprisonment not exceeding 
six months. B. 8, ch. 58, sec. 1 ; C. S. ch. 62, sec. 1. 



INJURIES AND INCUMBRANCES. 197 

-2. Every person^ so injuring or damnifying any 
highway or bridge, shall be liable to the town for all 
damage done to the same, and for all damages to which 
such town may be subjected by reason thereof Ibid., 
sec. 2. 

2,a. Towns have a qualified interest in the road- 
ways and bridges they have erected, and may maintain 
an action on the case for the destruction or obstruction 
of the road, or the conversion of the materials. 3 Foster 
R. 83. 

3. The surveyor of highways may remove any tim- 
ber, lumber, stones, or other thing v/hatever, placed or 
being in any highvv'^ay or street to the incumbrance 
thereof E. S, ch. 59, sec. 1 ; C. S. ch. 63, sec. 1. Pre- 
vious to the enactment of the provisions embraced in 
this section, it was decided that an individual could not 
remove an incumbrance unless it was in the traveled 
part of the road and impeded the travel. 4 iV. H. B. 
644 ] but this and the next section, enacted since that 
decision, prescribe a new remedy, and give new pow- 
ers. A surveyor has no power, however, in the cases 
mentioned in section 8. 

4. Each surveyor may, if he choose, give reasonable 
notice to the owner, or person leaving any such incum- 
brance, to remove the same ; and upon their neglect 
or refusal to remove the same, or if they are unknown, 
he may make complaint thereof to a justice of the 
peace. lUd., sec. 2. 

The Form of such notice may be thus : 

To Amos Brown, of Stoddard. 

You are hereby ordered to remove a pile of boards, 
left by you in the highv\^ay near your house, in said 
Stoddard, without delay, as said highway is incumbered 
thereby. 

John Wilson, Surveyor of Highways for Dist. No. 3. 
Stoddard, June 1, 1858. 

5. Such justice shall cause notice to be given to the 
oy\mer, or person leaving the same, if known, of the 
time appointed by him to view such incumbrance ; and 
after hearing, such party may, upon his own view, issue 



198 INJURIES AND INCUMBRAJ^JGES. 

liis warrant to the surveyor to remove the same, so ft^r 
as he shall judge necessary for the public convenience, 
and to sell so much thereof as may be necessary to pay 
the legal costs taxed by him, and three times the price 
of the labor of removing the same, to be estimated by 
such justice. Ibid., sec. 8. 

6. The surveyor shall have the same power and be 
governed by the same rules, in making such sale, as 
collectors of taxes in the sale of property distrained 
by them; and if the proceeds of such sale shall be in- 
sufficient to pay the sums specified in such warrant, 
the surveyor may recover the balance unpaid, by action 
on the case against the person leaving the same. Ibid., 
sec. 4. See chs. 23 and 26. 

7. If any person shall place in any highway or street 
any timber, lumber, stones, or other thing whatever, to 
the incumbrance or obstruction thereof, he shall be 
liable to the town for all damages and costs which said 
town shall be compelled to pay to any person who has 
sustained damage by reason of such incumbrance or 
obstruction. Ibid., sec. 5. 

8. If any building, structure or fence, shall be erected 
or continued upon, or over any highway, street or alley, 
so as to obstruct the same, or lessen the full breadth 
thereof, it shall be deemed a public nuisance ; and any 
person erecting or continuing the same shall be pun- 
ished by fine not exceeding fifty dollars, and costs of 
prosecution ; and the court shall order and cause such 
building, structure or fence to be taken down or re- 
moved. B. S. ch. 60, sec. 1; C. S. ch. 64, sec. 1. 

This section relates to encroachments upon any part 
of the road, and is not confined to the traveled part, 
as in case of incumbrances. 16 Fick. B. 175. 

9. The foregoing section shall not be construed to 
prohibit the erection of any watch-house or structure 
for public use, by the selectmen of any town, or any 
sign or awning erected in conformity to the regulations 
established by the police officers. B. S. ch. 60, sec. 2 ; 
a S. ch. 64, sec. 2. 

10. The selectmen, upon application, may, by license 
recorded by the town-clerk, permit any person to keep 
a gate upon any highway leading across any meadow 



INJURIES AND INCUMBRANCES. 199 

or interval land, liable to freshets, at a place tlierein 
designated, under such restrictions as they may judge 
proper; and they may at any time alter or revoke such 
license. Ibid.y sec. 3. 

11. If any person shall think himself aggrieved by 
the grant of such license, he may apply, by petition, to 
the court of common pleas for redress, who shall cause 
such notice to be given to all persons concerned as they 
shall judge proper, and may affirm, alter or annul such 
license. Ibid., sec. 4. 

12. The Form of the Complaint in section 4 may 
be: 

To F. M.J Esquire, one of the Justices of the Feace in and 
for the County of Cheshire, in the State of New-Hamp- 
shire : 

Complains John Wilson, surveyor of highways for 
district 'No. 3, in the town of Stoddard, in said county, 
that Amos Brown, of said Stoddard, yeoman, on the 
first day of June, eighteen hundred and fifty-eight, at 
said Stoddard, with force and arms in and upon the 
highway in said district, leading from to , un- 
lawfully and injuriously did place and put a large pile 
of boards, and said pile of boards, so put and placed in 
said highwa}^, from the said first day of June until the 
day of exhibiting this complaint, has unlawfully and 
injuriously permitted to be and remain in and upon 
said highway, and still does permit, to the great damage 
and common nuisance of all the citizens of said State 
having occasion to pass and repass in and along said 
highway, and against the peace and dignity of the 
State. And although your complainant on the said 
first day of June gave reasonable notice to the said 
Amos Brown to remove the said incumbrance, yet the 
said Amos Brown has wholly neglected to remove the 
same : 

Wherefore your complainant prays the said justice, 
upon his own view of said incumbrance, by warrant 
under his hand and seal, directed to your said com- 
plainant, to cause said incumbrance to be immediately 
removed, so far as said justice may think necessary for 
the public good, and to order so many of the said boards 



200 * INJURIES AND INCUMBRANCES. 

to be sold as the said jnstice may judge necessary to 
pay the legal cost, and three times the price of the 
labor of removing the same. 

John Wilson. 
Stoddard^ June 4^ 1858. 

Cheshire ss., June 4^ 1858. Then the said John Wil- 
son made oath that the foregoing complaint, by him 
signed, is in his belief true. Before me, 

r. M., Justice of the Peace, 

If the person leaving the incumbrance is unknown, 
omit the words, ^' Amos Brown, of said Stoddard, yeo- 
man,^^ and insert instead — -some jperson to your complain- 
ant unknown ; also, omit ail the sentence between " dig- 
nity of the State,'' and ^^ wherefore.'' 

13. The Order o^^ ITotice on such complaint may be : 

[L. S.] Cheshire ss., — ,1858. Upon the foregoing 
complaint, it is ordered that the said Amos Brown show 
cause, at the dwelling-house of the subscriber, in Stod- 
dard, in said county, on the seventh day of June instant, 
at one o'clock in the afternoon, why the said incum- 
brance should not be removed. 

P. M., Justice of the Feace, 

14. Notice of the time and place of hearing must be 
given to the party complained against, if known, by 
giving to him in person, or leaving at his usual place 
of abode, a reasonable time before the time of hearing, 
a copy of the complaint and order thereon, attested 
thus — A true copy of the original : T. M., Justice of 
the Peace ; and an affidavit of service should be made 
on the back of the original complaint. 

The Form of such Affidavit may be : 

I certify that on the day of , 1858, 1 gave 

in hand to the within named Amos Brown, true copies 
of the above complaint and order of notice, attested by 
said justice. 

D. W. 

Cheshire ss., — , 1858. Personally appeared D. W., 



INJURIES AND INCUMBRANCES. 201 

and made oath that the above certificate, by him sub- 
scribed, is true ; Before me, 

P, M., Justice of the Feace, 

15. At the time and place appointed, the justice 
should attend, and after hearing all the evidence and 
arguments offered, if he thinks it an incumbrance which 
ought to be removed, should tax the costs, and estimate 
the expense of removal, and issue his Warrant in the 
Form following : 

STATE OF NBW-HAMPSHIEE. 

[L. S.] Cheshire ss. To John Wilson, Surveyor of 
Highways for District No, 3, in the Town of Stoddard, 
in said County. 

Whereas complaint has been made to me, F. M., one 
of the justices of the peace in and for said county, as 
follows : '' Complains John Wilson, surveyor of high- 
ways for district ISTo. 3, in the town of Stoddard, in said 
county, that Amos Brown,^' 

[Here insert the whole complaint.] 

And the said Amos Brown having been duly notified to 
appear before me, and show cause, if any he had, why 
said timber should not be removed, and the said Amos 
Brown not showing suflicient cause, (or, not appearing') 
and it appearing to me, the said justice, upon my own 
view of the same, that it is necessary for the public 
good that the boards described in said complaint be 
removed, I do hereby order you forthwith to remove 
said boards from the highway aforesaid, so that no part 
of the same may in any way impede or hinder those 
who may have occasion to travel upon said highway. 

And you are also ordered to sell so many of said 
boards as may be necessary to pay the legal costs upon 

the said complaint, taxed by me at , and also the 

sum of three dollars, being three times the price of the 
labor of removing said boards, as estimated by me. 

And you are to keep such part of said boards as it 

may be necessary to sell, four days, unless the sums 

aforesaid shall be sooner paid ; and if said sums are not 

paid within said four days, you are to post up in two or 

10* 



202 INJURIES AND INCUMBRANCES. 

more public places in the town, twenty-four hours at 
least before the time of sale, a notice of the place, day 
and hour of sale, with a particular description of the 
property to be sold. Such sale shall be in this town, 
within forty-eight hours after the expiration of said 
four days, and between the hours of ten in the forenoon 
and six in the afternoon ; and you are then and there 
required to sell at public auction, to the highest bidder, 
so many of said boards as may be necessary to pay said 
sums. And you are, immediately after said sale, to 
deliver, or have ready to deliver, on request, to the 
owner, a particular account, in writing, of the sums 
aforesaid, and the amount of the sale of each article of 
the property sold. 

Herein fail not. Given under my hand and seal, 
this seventh day of June, eighteen hundred and fifty- 
eight. 

F. M., Justice of the Peace. 

16. For forms and directions in such sale, see chap- 
ters 23 and 26. 

If the owner is unknown, the words from, "And the 
said Amos Brown,'^ down to " or not appearing,^^ in- 
clusive, should be omitted. 

17. " In highways laid out through the lands of indi- 
viduals, the public has only an easement, or right of 
passage. The soil and freehold remain in the individ- 
ual whose lands have been taken for that purpose.'^ 1 
W. H, R. 16; 4 N, H, R, 37, 513 ) 1 N. H. R. 276; 8 
N. H. R. 97. 

" The owner of the soil of a highway may use it in 
any way which is not inconsistent with the public con- 
venience. Highways may be lawfully used for other 
purposes than mere passage. Trees are often left grow- 
ing, boards, plank, timber, wood, and various instru- 
ments of husbandry are left, and heaps of manure are 
collected within the limits of highways. But they are 
not nuisances unless so situated as to obstruct the pas- 
sage.^' 4 i\^. jy. i^. 525. 

But no person, except the owner, has a right to pas- 
ture it — 4 iV. JI. R. 514; or to plow it, exce^^t for 



LAW OF THE ROAD. 



203 



repairing it — 1 Fick. B. 122 ; or to cut tlie grass grow- 
ing on it — 6 Fick. F. 57. 

18. But no road is a ^^ public highway/^ within the 
provisions of this chapter, unless it has been legally 
laid out, or used as such twenty years. See ch, 34, sec. 
7. " Highways ^Mnclude the bridges thereon. F. S, 
ch. 1, sec. 21 ; a S. ch, 1. 

19. All aqueduct and gas light companies, heretofore 
duly organized, or which may hereafter be duly organ- 
ized, under the laws of this State, are hereby empowered 
to enter upon and break up ground and dig ditches in 
any street, highway or common through which it may 
be necessary for the pipes of said aqueduct or gas light 
companies to pass, for the purpose of placing such 
pipes as may be necessary, or of repairing the same, 
provided no injury shall be done to such street, high- 
way or common; and provided, farther, that the con- 
sent of the selectmen of the town or city council of the 
city in which such pipes are to be laid, shall be first ob- 
tained therefor. Faws of 1854, ch. 1527. 



CHAPTER 36. 

OF BRIDGES, RAILROADS, GUIDE-BOARDS, FERRIES, 
AND THE LAW OF THE ROAD. 

1. Bridge, penalty for injurinor. 

2. By-laws for toll bridges made. 

3. Notice thereof to be posted. 
3,6. Towns to keep trayeled part 

of bridge coyered with 

snow. 
3,c, Penalty for neglect. 
S,d. Time when act takes effect. 

4. Guide-posts to be erected. 
.5. Penalty for neglect. 
5,a. Penalty applied to one of- 
fence. 

6. Penalty for injury to. 

7. Travelers to turn to the right. 

8. Penalty for negl-ct so to do. 

9. Limitation of complaints. 
10. Limitation of action. 



11. Law applies to streets also. 

12. " Traveled part," meaning 

of. 

13. Liability of travelers. 

14. Railroad crossings regulated. 

15. Penalty for neglect to obey. 

16. Railroad crossings, speed at. 

17. License for shifting cars at 

crossings. 

18. Railroads not to obstruct high- 

ways. 

19. Penalty. 

20. Selectmen may grant license 

to cross highways. 

21. Ferries established. 

22. Watering troughs established. 



204 LAW OF THE ROAD. 

1. Any town, at a legal meeting, may establish by- 
laws to prevent any person from willfully riding or 
driving at a rate faster than a walk over any bridge in 
such town which shall have cost one thousand dollars 
or more, and annex penalties not exceeding one dollar 
for the breach thereof, to be recovered in the name and 
for the use of the town. R. 8. ch. 61, sec. 1 ; C. S. ch, 
65, sec. 1. 

2. The proprietors of any toll bridge may make by- 
laws to prevent any person from riding or driving over 
such bridge at a rate faster than a walk, and annex 
penalties, not exceeding two dollars, for the breach 
thereof, to be recovered by the corporation for its own 
use. B. S. ch. 61, sec. 2 ; C. S. ch. 65, sec. 2. 

3. No such by-law shall be in force unless such town 
or corporation shall cause to be posted and kept up, in 
some conspicuous place, at each end of said bridge, a 
board painted with a white ground, containing, in black 
letters, the substance of such by-laws. it. S. ch. 61, sec. 
3; a S.ch. 65, S6C. 3. 

S,b. All towns and other corporations in this State 
who now have or shall hereafter erect and maintain a 
covered bridge across any stream in this State, to be 
used as a public highway, shall keep the traveled part 
thereof completely covered with snow during the win- 
ter season in each year, when there is sufficient snow 
upon the roads in the neighborhood of said bridges for 
sleighing. Zaivs of 1852, ch. 1281 ; 0. S, ch. 65, sec. 4. 

3,c. Any town or other corporation in this State, who 
shall neglect or refuse to comply with the requirements 
of the foregoing section, shall be liable to indictment 
in the same way and manner as towns now are for 
neglecting to keep in good repair the highways within 
their respective limits. Ijaws of 1852, ch. 1281 ; C. S. 
ch. 65, sec. 5. 

Sjd. This act (the two preceding sections) shall take 
effect from and after the first day of November, 1853. 

4. Every town shall erect and keep in repair suitable 
guide-boards or guide-posts, at the intersection and 
junction of all public highways, on which shall be dis- 
tinctly and legibly marked the name of such neighbor- 
ing town or place, as shall be most necessary and con- 



LAW OF THE ROAD. 205 

venient for the direction of travelers^ and such other 
towns as the selectmen shall think proper, and the dis- 
tance in miles to the same, with an index pointing to- 
wards the places to which said road leads. Provided, 
that any town may, by vote at any town meeting, upon 
an article in the warrant therefor, determine to dis- 
pense with a guide-board or guide-post at any place or 
places where they may believe the same to be unneces- 
sary. Laws of 1846, ch, 330, sec. 1; G, S. ch. 66, sec. 1. 

5. If any town shall neglect to erect or keep in repair 
any guide-board or guide-post, required as aforesaid, 
they shall forfeit and pay for each neglect the sum of 
five dollars, to be recovered by any person who will 
sue for the same, for his own use. Provided, however, 
that no such suit shall be commenced until the person 
proposing to bring such suit shall have given to one of 
the selectmen of such town, notice in writing of his in- 
tention to commence such action, at least twenty days 
prior thereto ; and if the said selectmen shall cause to 
be erected or repaired such guide-board or guide-post 
before the expiration of said twenty days, no such ac- 
tion shall be sustained. Laws of 1846, ch. 330, sec. 2 ; 
O. S. ch. m, sec. 2. 

5',a. The neglect of a town to erect and maintain 
guide-posts at all intersections of highways within its 
limits, is one entire offence, and a separate penalty does 
not accrue for each intersection of roads at which the 
town has neglected to erect the guide-post. 19 N. H. B. 
286. 

6. If any person shall throw down, destroy or deface 
any such guide-board, guide-post, or its appendages, or 
the letters or figures thereon, or aid or assist therein, 
he shall, on conviction upon complaint before any jus- 
tice of the peace, be punished by fine not exceeding ten 
dollars, for the use of the town. Laws of 1846, ch. 
330 ; C. S. ch. 66, sec. 3. 

7. Every person, traveling with any carriage or other 
vehicle, who shall meet any other person so traveling 
on any highway or bridge, shall seasonably drive his 
carriage or vehicle to the right of the center of the 
traveled part of the road, so as to enable such person 



206 LAW OF THE ROAD. 

to pass with his carriage or vehicle, without interference 
or interruption. B. 8. ch, 63, sec. 1; C. S. ch. 67, sec. 1. 

8. Every person who shall oifend against the provi- 
sions of the preceding section, shall, upon complaint be- 
fore a justice of the peace, be punished by fine not less 
than one dollar nor more than twelve dollars, and shall 
be liable for all damages sustained in consequence of 
any neglect to comply with said provisions. JR. S. ch. 
63, sec. 2 ; G. S. ch. 67, sec. 2. 

9. ISTo complaint for any offence prohibited by this 
chapter shall be sustained unless made by the party 
aggrieved, or by some person authorized by him, within 
ninety days after such offence is committed. B. 8. ch. 
63, sec. 3 ; C. 8. ch. 67, sec. 3. 

10. No action, for damages sustained by reason of 
any violation of this chapter, shall be supported unless 
it shall be commenced within one year after the cause 
of action accrued. JR. 8. ch, 63, sec. 4; C. 8. ch. 67, sec. 4. 

11. The law of the road applies to the streets of pop- 
ulous villages as well as to other highways, and a per- 
son driving a carriage across the head of a street must 
see that he does not interfere with others in the proper 
exercise of their right of passing. 1 Pick. R. 344. 

12. By "the traveled parV^ of a road is intended that 
part which is usually wrought for traveling — not the 
center of the track made by carriages. 4 Fick. R. 126. 

13. If a man travels on the left side of the road, or 
across it, for the purpose of turning up to a house on 
that side, he must not interfere with another person 
lawfully passing on that side ; if he does, he acts at 
his peril, and is answerable for damages. 2 Fairfield 
B. 339. 

14. If any railroad shall intersect or cross any high- 
way in any town in this State, such town may, at any 
legal town meeting, direct that such place of crossing 
or intersection shall be secured by a bridge over said 
road, or by the erection of gates on both sides of said 
highway, or by passes under said road, as the town 
may think expedient. B. 8. ch. 142, sec. 4, as amended 
by Fates of 1852, ch. 1232 ; C. 8. ch. 150, sec. 35. 

The town may require a bridge or gates, but not 
both. An article should be inserted in the warrant for 



LAW OF THE ROAD. 207 

the meeting in relation to the subject. The name of 
the railroad should be correctly described in the vote. 

15. If, after due notice given of such vote^ to the 
clerk of such railroad corporation, such corporation 
shall neglect, for the space of six months, to erect and 
complete, to the satisfaction of the selectmen of such 
town, such bridge or gates, or passes, according to the 
vote of the town aforesaid, the selectmen may remove 
or cause to be removed the rails from such railroad 
where it crosses such public highway, and no engine 
or car shall be permitted to run across such highway, 
until the vote of the town shall be complied with. 

B. S. ch. 142, sec. 5, amended by Laws of 1852, ch, 1232; 

C. 8. ch. 150, sec. 35. 

]Srotice of such vote may be given by giving to the 
clerk, or leaving at his usual place of abode, a copy of 
the vote, signed and attested by the town-clerk. A 
copy should be preserved, and the return of service 
made thereon. Before the selectmen take up the rails 
they should again give notice to the agent or engineers, 
so that the lives of passengers may not be endangered. 

16. No railroad corporation shall run their engine, 
cars or train across any public highway, in or near any 
compact part of any town or city in this State, at a 
greater speed than six miles per hour. Laws of 1850, 
ch. 965, sec. 1 ; G. 8. ch. 150, sec. 48. 

17. And no railroad corporation shall pass and repass 
with engine or cars any highway as aforesaid, for 
the purpose of shifting off cars or trains, but the same 
shall be used only for trains passing from one station 
to another, except by leave first obtained trom the select- 
men of the town or mayor of the city in which the 
same is situate, and under such restrictions and regula- 
tions as he or they may order. Laios of 1850, ch. 965, 
sec. 2 ; 0. 8. ch. 150, sec. 49. 

18. No railroad corporation shall obstruct, by their 
engine, cars or train, any highway in any town or city 
in this State for a greater length of time than five 
minutes at any one time. Laws of 1850, ch, 965, sec. 3; 
a 8. ch. 150, sec. 50. 

19. Any railroad corporation violating the provis- 
ions of these acts [the 16th, 17th and 18th sections of 



208 LAW OF THE ROAD. 

this chapter] shall be subject to a fine not exceeding 
twenty dollars, to be recovered, one half to the use of 
the person complaining, the balance to the use of the 
county wherein such offence shall have been commit- 
ted : provided, that all prosecutions for any penalty 
under these acts (the three preceding sections) shall be 
commenced within four months from the commission 
of the offence complained of, and not afterwards. Jjaws 
of 1850, ch. 965, sec. 4 ; G. 8. ch. 150, sec. 51. 

20. Where railroad cars and engines, not run in regu- 
lar trains of the road, are not allowed to cross high- 
ways except on license granted therefor, such license, 
specifying the mode and purposes of crossing the said 
highways, may be granted by the selectmen of the 
town or mayor of the city where the said highways 
are situated, or by the railroad commissioners, on appli- 
cation therefor, and due notice given to all parties con- 
cerned. Laws of 1852, ch. 1302 ; C. S. ch. 150, sec. 52. 

21. Whenever any town or towns, or city, situated 
upon any river in this State, shall deem it for their 
interest and the public convenience to establish a ferry 
over said river, it shall be lawful for them, by a vote 
of said town or towns, or cities, to assess themselves 
such sum as they shall deem necessary for the estab- 
lishment and maintenance of a ferry over such river ; 
and if said ferry shall be established and kept up by a 
joint stock company, it shall be lawful for any town or 
city, situated on such river, or any other town or city 
in the State which shall deem it advantageous and for 
their interest so to do, to take stock in such company, 
not to exceed twenty-five per centum of the whole 
capital stock to each town or city. Laws of 1858, ch. 
2101. 

22. The selectmen of any town shall allow or abate 
a sum not exceeding three dollars from the tax of any 
inhabitant, who shall construct, and during the year 
keep in repair a watering trough beside the highway, 
well supplied with water, sufficiently elevated and 
easily accessible for horses and carriages : provided, the 
selectmen of such town shall deem the same necessary 
for the benefit and convenience of the traveling public. 
Laws of 1858, ch. 2122. 



TITLE Y. 



OF SCHOOLS. 

Chapter 37. Of the creation, division and powers of 
school districts. 

Chapter 38. Of the meetings and officers of school 
districts. 

Chapter 39. Of school-houses. 

Chapter 40. Of school taxes and school money. 

Chapter 41. Of the regulation, instruction and inspec- 
tion of schools. 

Chapter 41,6. Of high schools. 

Chapter Al^c. Of truant children and absentees from 
school. 

Chapter 42. Of schools in the town of Portsmouth. 

Chapter 42,6. Of the commissioner of common schools 
and teachers' institutes. 



CHAPTER 3^ 



OE THE CREATION, DIVISION AND POWERS OF 
SCHOOL DISTRICTS. 



1. Town, how divided into dis- 

tricts. 
],6. Division must be territorial. 
l,c. Boundaries of. 

2. Limits, how defined and al- 

tered. 

3. Selectmen may district, when. 

4. District is a corporation. 

4,a. Powers when district ceases 
to he organized. 

5. Town not divided, how liable. 

6. Penalty for neglect to district. 



7. Property appraised on divi- 

sion. 

8. Allow^ance to be made, when. 

9. Districts may unite, when. 

10. Powers in case of union. 

11. Executions against districts. 

12. Forms and proceedings in dis- 

tricting towns. 

13. Application to selectmen to 

district the town. 

14. Application for appraisal of 

property, and proceedings. 



210 



CREATION, DIVISION AND 



21,/. Two districts may unite. 
21 jg. Person disannexecl from unit- 
ed districts. 
2\,h. Mode of proceedings. 
22. District to give notice in both 

towns. 
2.3. Persons annexed, to pay. 

24. Money, how assessed and col- 

lected. 
24,6. Persons severed, right to 

school and literary fund. 
24,c. Towns exempt from laws. 

25. Forms of proceedings. 

26. Taxes, how assessed, &c. 



15. Union of school districts. 

16. Inhabitants may be witnesses. 

17. Vote to raise money, when 

void. 

18. Evidence of acts of district. 

19. Powers of school districts. 

20. Selectmen may annex to a dis- 

trict out of town. 

21. Selectmen may form districts 

in two towns. 
21,6. Duties of selectmen. 
21, c. Petition need not set forth 

interest. 
21,</, Boundaries of. 
21, e. Assessment of taxes in. 

1. Every town shall be divided by metes and bounds 
into 80 many districts as the public good requires^ which 
shall be distinguished by suitable boundaries, and in- 
clude all the territory of the town. E. S. ch. Q9,$ec. 1; 
a S. ch. 73, sec. 1. 

It is the duty of the selectmen to see that this is 
done forthvfith, if it has not been done already, and to 
insert an article in the warrant for a town meeting for 
that purpose. The limits of the district must not be 
described by the names of the inhabitants of the dis- 
trict, but should be bounded by lines and monuments, 
as in a deed of land. 

l,b. A division of a town into school districts must 
be a territorial division, and not one merely by desig- 
nation of inhabitants or householders. 13 iV". H. B. 
139. 

l,c. The boundary of a district is well established by 
a reference to its boundaries on a former division of the 
town into districts, though there might be defects in 
the record of the former tovm meeting. 1 Fogg JR. 118. 

2. At any annual March meeting, any town may be 
divided into school districts by vote of such town, 
and the limits of such districts defined and from time 
to time altered as convenience may require, a record of 
which shall be made : Provided that no alteration of 
existing districts shall be made without the previous 
written recommendation of the superintending school 
committee and selectmen of the town, which shall also 
be recorded. Laivs of 1858, ch. 2108. 



POWERS OF SCHOOL DISTRICTS. 211 

3. If any town shall neglect so to divide itself into 
school districts^ the selectmen, on application in writing 
by ten legal voters, shall forthwith divide the town into 
districts, define their boundaries, and cause a record 
thereof to be made by the town-clerk within thirty 
days after such application. The town of Newington 
is exempted from this section. Ibid., sec. 3. 

4. Every school district shall be a body politic and 
corporate, and may sue and be sued, take, hold, man- 
age, and convey real and personal property for the use 
of the district, and make and enforce all necessary con- 
tracts in relation thereto. R. S, ch. 70, sec. 1 ; C. S. ch. 
73, sec. 4. 

The rights and powers of a school district within its 
limits, and for school purposes ; the right to the prop- 
erty of the district when divided, and the power to 
hold property, are similar to those of towns for town 
purposes. See chapter 1. It may, by its treasurer or 
prudential committee, hold property as a fund for the 
benefit of the district school, and may require a bond 
for its safe keeping and payment. Districts are now, 
by the Eevised Statutes, made public corp)orations, and 
are entitled to the rights and subject to the liabilities 
of such corporations. 

4,a. Every school district which may from any cause 
cease, or which has already ceased to be organized for 
the support of schools, shall continue to be a body cor- 
porate for the purpose of defending suits, of receiving, 
holding, conveying or transferring any estate, real or 
personal, and for the purpose of voting such taxes as 
may be necessary to pay the debts and defray the ex- 
penses of such district, and for the purpose of closing 
up and settling all the concerns of such district, so 
long as may be necessary for that purpose ; and all 
the usual officers of such district maybe elected and ap- 
pointed, and their powers shall be continued until the 
business of the district is closed. And all taxes so 
voted shall be assessed and collected in the same man- 
ner as if such district retained its original organization. 
Laws of 1854, ch. 1640. 

5. Any town,, not divided as aforesaid, shall be con- 
sidered, when necessaiy, as one district, and shall be 



212 CREATION; DIVISION AND 

entitled to all the rights and subject to all the duties 
and liabilities of a town, and of a district respectively. 
B. S. ch. 69, sec. 4 ; G. 8. ch. 73, sec, 5. 

6. If the selectmen of any town shall neglect, for six 
months after application made, to make a division as 
aforesaid, they shall forfeit a sum not exceeding one 
hundred dollars. R. S. ch. 69, sec. 5 ; C. 8. ch. 73, sec. 6. 

7. When a new district is formed from one or more 
districts, the selectmen, upon the petition of a majority 
of the legal voters of such new district, shall appraise 
all the property belonging to, and ail the debts due by 
each district so divided. It. 8. ch. 69, sec. 6 ; G. 8. ch. 
73, sec. 7. 

8. If the property exceed the debts, the selectmen 
shall assess upon the polls and ratable estate of that 
part of the district retaining such property, a reasona- 
ble sum, not exceeding the proportion of the excess 
which the polls and ratable estates of the parts of the 
districts so divided bear to each other, and shall assess 
and collect the same in the same m^anner as school- 
house taxes, and cause the same to be paid over and ap- 
plied for the use of such new district. JR. 8. ch. 69, sec. 
7 ; G. 8. ch.n, sec. 8. 

9. Two or more contiguous districts, in adjoining 
towns, may, upon such terms as they shall think prop- 
er, unite in the support of schools, to be kept from year 
to year, so long as they agree, within either of such 
towns, for the common benefit of such districts; and it 
shall be lawful for the prudential committees of such 
districts, so long as such union exists, to expend, in the 
support of said schools, the proportion of school money 
assigned to their respective districts by the selectmen 
of their respective towns. B. 8. ch. 69, sec. 8 ; G.8. ch. 
73, sec. 9. 

10. Each of the districts so uniting shall maintain its 
separate organization, and may raise money to build, 
repair, alter, remove or furnish a school-house and 
other necessary buildings for their common use, al- 
though the same be not built within the district raising 
the money; and the money so raised shall be assessed 
and collected in the same manner as though it had been 



POWERS OF SCHOOL DISTRICTS. 213 

raised to build a school-house within such district. B, S. 
ch. 69, sec. 9 ; C. S. ch, 73, sec. 10. 

11. When an execution shall issue against any school 
district, a copy thereof shall be left with one of the se- 
lectmen of the town ; and the selectmen shall assess 
the inhabitants of such district in a sum sufficient to 
satisfy the same, and shall have the same authority in 
the collection thereof that they now have in the collec- 
tion of town taxes. B. S. ch. 70, sec. 2 ; C. S. ch. 73, 
sec. 11. 

12. The Form of the Article in the warrant rela- 
tive to dividing the town into school districts may be : 

To see if the town will divide its territory into school 
districts, and if so, into how many, and define their 
bounds ; or. 

To see if the town will alter the boundaries of any of 
the school districts in the town, or make any new dis- 
tricts, and ^x their bounds. 

The Form of the Vote of the town making a divis- 
ion may be : 

Voted, That the territory of this town be divided into 
nine school districts, to be bounded and called as fol- 
lows : 

School district 'No. 1 is bounded thus : Beginning at 
the north-east corner of the homestead farm of A. B., 
at the highway leading from C. D. ; thence southerly 
by said highway, about one mile, to the south-east corner 
of the farm of S. H. ; thence westerly by the southerly 
line of the farms of said S. H., N. O. and D. P., to the 
south corner of the homestead farm of said D. P. ; 
thence northerly by the westerly line of the farms of 
said D. P., N. L. and T. D., to the north- w^esterly corner 
of the farm of said T. D. ; thence easterly by the north- 
erly lines of the farms of T. D., P. E. and A. B., to the 
first bound, and comprising all the territory within said 
limits. School district No. 2 is bounded, &c. 

The town may vote to authorize the selectmen to 
divide it into school districts, but such division will not 
be legal until it is accepted by the town at some legal 
meeting for the purpose, an article therefor being 



214 CREATION; DIVISION AND 

inserted in the warrant. In such ease the selectmen 
act as a committee, and their doings must be ratified 
by the town. 3 JST. H. B. 168. 

13. The Form of the Application to the Select- 
MEN; on the neglect of the town in section 3, may be : 

To the Selectmen of the Town of H, 

Whereas the town of H. has neglected to divide itself 
into school districts^ according to the law in such case 
made and provided^ we, the subscribers, legal voters of 
said town, hereby request you forthwith to divide said 
town into convenient school districts, define their 
boundaries, and cause a record thereof to be made by 
the town-clerk, according to law. 

A. B., &c., &c. 

H , -4^n7 1, 1858. 

As the selectmen are not authorized to make such 
division except upon the ^^ neglect'^ of the town, and as 
the town can act only at a legal meeting, called hy the 
selectmen^ it will be more prudent, if not necessary, for 
the selectmen, before making such division, to call a 
town meeting for the purpose. If the town refuse to 
district, the selectmen may then safely proceed. No 
notice need be given, (though it might be well to give 
notice) but the selectmen should make the division im- 
mediately, describing each district ^^by metes and 
bounds,^^ sign it, and cause it to be recorded by the 
town-clerk, together with the application. The Eecord 
should be attested by the town-clerk as a true copy. 
The Form of the Eeturn may be the same as in the 
preceding section, omitting the word '^voted,^^ and say- 
ing instead — 

Upon the foregoing application, the subscribers, se- 
lectmen of the town of H., said town having neglected 
to divide itself into school districts according to law, 
do order . 

14. The Form of the Application for an appraisal 
of property and debts, as in section 7, may be : 

To the Selectmen of the Town of JS. 

The undersigned, a majority of the legal voters in 



POWERS OF SCHOOL DISTRICTS. 



215 



school district I^o. 3^ in said town of H.^ respectfully 
represent that said school district J^o. 3 is a new district, 
formed from school districts Nos. 2 and 6 in said town, 
by a vote of said town ; that said school districts Nos. 
2 and 6 are possessed of school-houses and other prop- 
erty, belonging to said districts at and before the 
division thereof, and while said district No. 3 was a 
part thereof, for which said district I^o. 3 has received 
no compensation : We therefore request you to examine 
and appraise all the property belonging to, and all the 
debts due by said districts Nos. 2 and 6 respectively, at 
the date of the formation of said district No. 3, and to 
award a reasonable sum therefor to said district No. 3, 
and cause the same to be assessed, collected and paid 
over to said district, according to law. 
H , April 12, 1858. A. B., &c., &c. 

Upon this application the selectmen should appoint 
a time and place of hearing, the Form of which may 
be thus : 

Upon the foregoing application, it is ordered that a 
hearing thereon be had at the dwelling-house of A. B., 
in said tow^n, on the twenty-sixth day of April instant, 
and that notice thereof be given to said school districts 
Nos. 2, 3 and 6, by giving to the clerk of each of 
said districts in hand, or leaving at his usual place 
of abode, an attested copy of this application and order 
of notice thereon, ten days at least before said day of 
hearing. 

N. D, ") Selectmen 
H. P. I of 



H , April 12, 1858. J. L. ) H 

Service of this notice may be ' made by any person, 
although an inhabitant of the district. The copies 
should be accurately made and examined, and attested 
by the person making the service, thus : 

A true copy. Attest : Thomas Smith. 

At the time and place of hearing, the person making 
such service should return the original to the selectmen, 
with a Eeturn thereon as 'follows : 



216 CREATION, DIVISION AND 

B. , April 13, 1858. This day I gave to N. L., 

clerk of school district JSTo. 2, and to E. S., clerk of 
school district No. 6, in said town, to each a true and 
attested copy of the within application and order of 
notice thereon, and I left at the dwelling-house of C. P., 
clerk of said school district No. 3, being his usual place 
of abode, a like copy. 

Thomas Smith. 

Merrimack ss., April 26, 1858. Then the said Thomas 
Smith appeared, and made oath that the above return, 
by him signed, is true. Before me, 

C. P., Justice of the Peace. 

The selectmen should examine all the property and 
debts, hear all the evidence and arguments offered, take 
all the circumstances into consideration, and award 
such sum, if any, as they think justice requires. The 
application, order of notice, affidavit of notice and the 
award, should all be recorded by the town-clerk in the 
town records. The Form of the Award may be : 

We, the subscribers, selectmen of the town of H., 
having met the parties at the time and place, and for 
the purposes mentioned in the foregoing application 
and order of notice thereon, due notice thereof having 
been given to all of said parties, and having attentively 
examined and appraised all the propert}^ belonging to, 
and all the debts due by each of said school districts, 
Nos. 2 and 6 respectively, and heard all the evidence 
and arguments offered thereupon, do determine as 
follows : 

We appraise the j)roperty belonging to district No. 

2 at the sum of dollars, and the debts due by said 

district at the sum of dollars ; and we order that 

said district pay to school district No. 3 aforesaid 

dollars, within sixty days. 

We appraise the property belonging to district No. 6 

at the sum of dollars, and no debts are due by said 

district to our knowledge. We order that said district 

pay to school district No. 3 aforesaid the sum of 

dollars, within sixty days. " 



POWERS OF SCHOOL DISTRICTS. 



217 



Given under our hands this twenty-sixth day of 
April, A. D. 1858. 

N". D. ") Selectmen 
of 
I JBLenniker, 



H. P. [ 
J. L. 3 . 



15. The union of school districts, authorized by sec- 
tion 9, must be made by a vote of each district, at 
some meeting in the warrant for which an article for 
that purpose was inserted. The districts must not be 
in the same town. The Form of the Article for that 
purpose may be : 

To see if this district will unite with school district 
No. 7, in G., for the purpose of schooling, and if so, 
upon what terms, and to take measures to carry the 
same into effect. 

The Form of the Yote may be as follows : 
Voted, That this district do unite with school district 
No. 7, in the town of G., for the support of schools in 
our united districts, and that the prudential committee 
of this district be a committee to agree with said dis- 
trict upon the terms of union. 

Voted, That this meeting stand adjourned four 
weeks, to hear and act on the report of said committee. 

The committee so appointed, having agreed upon the 
terms of union, should make a written report of the 
terms to the districts, and, such reports being accepted 
by vote of each district, and recorded by the clerk, will 
make the union legal. 

16. The inhabitants of public corporations are com- 
petent witnesses in any case affecting the interests of 
such corporation. B, S. ch, 188, sec, 12 ; C. S. ch. 200, 
sec, 12. A school district is such a ^' public corpora- 
tion.'' 

17. A vote to raise money by a school district whose 
limits have not been defined by a legal vote of the dis- 
trict (or by the selectmen according to law) is void j 
and a warrant from the selectmen to the collector, to 
collect the money, is no protection to him : if he col- 
lects the money by distress, he will be a trespasser. 4 
N, H, B. 478. 

11 



218 CREATION, DIVISION AND 

18. The only legal evidence to prove the doings of a 
school district meeting is the record itself^ or a copy at- 
tested by the clerk. Parol testimony is not admissi- 
ble. 4 Greenleaf B. 44. 

19. The powers of school districts are special and 
limited, and are such only as are expressly given by 
statute, or necessarily result from such granted powers. 
3 Fairfield B. 258. If they undertake to do any act 
not within said powers, it is illegal and void. lUd. ; 
but may raise money (in Maine) to defray the expen- 
ses of a law-suit in which they are involved — Ihid. ; 
but not to build a second school-house, if the district 
has one good one already. Ihid. 

It is doubtful if this is so in New-Hampshire, if more 
than one is needed for the schools in the district. 

20. The selectmen of two or more adjoining towns, 
on petition of any member of any school district in 
either of said towns, may, by a majority of the select- 
men in each town, disannex such member, together 
with his taxable property, for school purposes, from 
the district to which he belongs, and annex him to some 
district of one of the adjoining towns. Laws of 1845, 
ch. 221, sec. 1 ; 0. S. ch. 73, sec. 12. 

21. Such selectmen may, in like manner, on petition 
of persons interested, form new school districts, by the 
union of inhabitants of such adjoining towns, and may 
for this purpose set off individuals, with their taxable 
property, from existing districts ; and it shall be the 
duty of the selectmen to define the districts so formed, 
by metes and bounds, and to cause the same to be re- 
corded in their respective towns ; and the selectmen of 
the town first incorporated may call the first meeting 
of the district so formed. Laws of 1845, ch. 221, sec. 2 ; 
G. S. ch. 73, sec. 13. 

21,b. The selectmen of the town in which the school- 
house is located shall have all the powers and are re- 
quired to perform all the duties in relation to filling 
vacancies in said district, that the selectmen of towns 
now have. Laws of 1851, ch. 1117, sec. 2 ; 0. S. ch. 73, 
sec. 14. 

21,c. The petition to the selectmen for a new district, 
under the provisions of sec. 2, Laws o/1845, Jime 26 j sec. 



POWERS OF SCHOOL DISTRICTS. 219 

21 of this chapter^ need not set forth the particular in- 
terest which the petitioners have in the subject. It is 
sufficient if it allege in general terms that they are in- 
terested. 3 Fogg R. 315. 

21jd. It is no legal objection to the validity of the 
proceedings in constituting such district, that its bound- 
aries, as established, are different from those prayed 
for in the petition, nor that other persons than the pe- 
titioners are included within its limits; nor that an 
entire district existing in one of the towns is taken as 
part of the new district; nor that a majority of the 
members of either of the old districts, the whole or a 
part of which is included in the new, were opposed to 
the measure. 3 Fogg R. 315. 

21,e. A tax assessed for school purposes by the board 
of selectmen of the towns in which the new district is 
situated, acting together as a joint board, is illegal. 
The assessment should be made under the provisions of 
sec. 3, of said act, and not of the act of July 2, 1845. 
3 Fogg R. 315. 

21,/. Any two or more adjoining school districts in 
this State, may, by a tv/o-thirds vote of the legal voters 
in each of said districts, present at any legal meeting 
thereof, duly notified and holden for that purpose, unite 
and form a single district. And such new" district, so 
constituted, shall have all the powers and privileges, 
and be subject to all the liabilities, of other school dis- 
tricts in this State. Laws of 1857, ch. 1967. 

Said districts, so united, shall be and remain separate 
and distinct corporations, as well after as before such 
union, for the purpose of managing, selling and dispos- 
ing of the property, paying and discharging the debts, 
and settling the affairs of the same. Laws of 1854, ch. 
1537, sec. 2. 

21,^. Whenever any member of any school district 
in any towii, with his taxable property, shall have been 
disannexed, for school purposes, from the district to 
which he belonged, and annexed to some district in an 
adjoining tovvm, or an}^ new school district shall have 
been formed by the union of inhabitants of adjoining 
towns, agreeably to the provisions of the first or second 
section of the act to which this is an addition, the 



220 



CREATION, DIVISION AND 



selectmen of the town, disannexing such member, or 
forming such new school district, shall, upon petition 
for that purpose, by any person interested, have power 
to restore such member, with his taxable property, to 
his original rights, and to dissever and destroy such 
new school district upon such terms as they shall deem 
just and" equitable, as they now have to disannex or 
form the same. 

21,/i. The proceedings of such selectmen, under the 
provisions of this act, shall conform, as nearly as the 
circumstances of the case and the nature of the issue 
will allow, to all similar proceedings under the act to 
which this act is in addition. Laws of 1855, ch. 1674. 

22. Whenever a school district, composed of inhabit- 
ants of different towns, shall vote to raise money for 
the purpose of building, buying or repairing a school 
house, it shall be the duty of the clerk of said district 
to notify the selectmen of the several towns in which 
the persons belonging to such district may reside, of 
the amount of money so voted to be raised ; and it shall 
be the duty of the selectmen of each of said towns 
thereupon to assess upon the polls and ratable estate of 
such persons, residing in their respective towns, their 
due proportion of the sums so voted to be raised, having 
regard to the entire inventory of all the inhabitants of 
said district, and to cause the same to be collected and 
paid over to the person authorized by the district to 
receive it. Laws of 1845, ch. 221, sec. 3 ; C. S. ch. 73, 
sec. 15. 

23. All persons who have been or may hereafter be 
severed from any school district in one town, and an- 
nexed to a school district in any other town, for the 
purpose of schooling, shall pay a just proportion for 
the purpose of building or repairing school-houses in 
said districts to which they are or may be annexed. 
Laws of 1845, ch. 223, sec. 1 ; G. S. ch. 73, sec. 16. 

24. Whenever any such district shall vote to raise 
money, the clerk of said district shall certify such vote 
to the selectmen of each of said towns ; and said se- 
lectmen shall form a joint board for the purpose of as- 
sessing upon the polls and ratable estate of said district 
the due proportion of said money; and each board of 



POWERS OF SCHOOL DISTRICTS. 221 

selectmen shall commit to the collectors of their re- 
spective towns the taxes by them so assessed in their 
respective towns^ to be collected and paid over to the 
person or persons by said district authorized to receive 
the same, to be applied and accounted for according to 
law. Laws of 1845, ch. 223, sec 2 ; C. S. ch. 73, sec. 17. 

24,6. All persons who have been, or hereafter may 
be, severed from any school district in one town, and 
annexed to a school district in any other town for the 
purpose of schooling, shall have and enjoy all the 
rights and privileges in regard to the literary and school 
funds of every description, to which they would have 
been entitled if they had not been so disannexed or 
united. And Vv^henever the real estate of any person 
shall be disannexed for the purposes aforesaid, the polls 
and ratable estate of all persons residing or having 
their home on said real estate, on the first day of April 
of each year, shall also be considered as disannexed, 
and their proportion of the literary and school fund 
shall be paid over to the prudential school committee 
of the district to which said real estate has been an- 
nexed. It shall be the duty of the selectmen of the 
town from which any person or persons may be disan- 
nexed as aforesaid, to pay over the proportion of the 
literary and school fund as aforesaid to the prudential 
school committee as aforesaid, on or before the first day 
of February, annually. Laws of 1850, ch. 974, sees. 1 
and 2 ; C. 8, ch. 73, sec. 18. 

24,c. The town of Pittsburg and the town of Bartlett 
are exempt from the provisions of the law of this State 
in regard to the division of the tow^n into school dis- 
tricts; and the selectmen thereof respectively may 
divide said towns, or any part thereof, into as many 
school districts as they may deem just, and cause a 
record thereof to be made in the records of said town, 
which districts shall have all the rights and privileges, 
and be subject to all the liabilities of other school dis- 
tricts in the State. Laws of 1848, ch. 632, and Laws of 
1851, ch. 1108; C. S. ch. 73, sec. 19. 

25. The Form of Petition, to be annexed to a dis- 
trict in another tow^n, may be as follows : 



222 CREATION^ DIVISION AND 

To the Selectmen of the Towns of A. and B. 

The undersigned, a member of school district ]^o. 3, 
in said Bedford, respectfully represents that it would 
be convenient and desirable to him to be annexed to 
school district No. 4, in said A. He therefore prays 
that he and his taxable property may be disannexed 
from said school district I^o. 3, in B., and annexed to 
said district No. 4, in A. 

B., ,1858. S. M. 

The Form of a Petition for a new district in two 
adjoining towns may be as follows : 

To the Selectmen of the Towns of A. and B. 

The undersigned, members of school districts No. 3, 
in said town of A., and No. 4, in B., respectfully rep- 
resent that it would be convenient and desirable that a 
new school district should be formed, by setting off 
parts of the districts aforesaid, and uniting them into 
such new district, situate partly in A. and partly in B., 
to be limited and bounded as follows : viz., 

[Here describe the bounds of the new district,] or 
otherwise, as to the said selectmen shall seem expe- 
dient. They therefore pray that you will cause such 
new district to be formed, defined and recorded, accord- 
ing to law. X. Y. 

U.W. 

A., ,1858. T. V. 

Upon either of these petitions an Order of Notice 
should be made, and signed by the selectmen of both 
towns, which should be served, and return thereof made 
under oath. (See the forms and directions in sec. 14, 
of this chapter.) The parties should be heard by a 
majority of each board of selectmen, acting together, 
and their Order may be in the form following : 

We, the subscribers, selectmen of A. and B., having 
met the parties at the time and place, for the purposes 
mentioned in the foregoing application and order of 
notice, due notice thereof having been given to all of 
said parties, and having made due examination of the 
said districts, named in said application, and heard the 



POWERS OF SCHOOL DISTRICTS. 223 

evidence and argnnients offered thereon^ do determine 
as follows : 

"VVe disannex the said S. M. and his taxable property 
from said school district No. 3, in B., and annex him 
to said district No. 4^ in A., and we fix and define the 
limits of said district No. 4, in Amherst^ as follows : 

[Here describe the bounds of the whole district in both towns. 1 

We direct that the said application, order of notice, 
return of service, and determination, be recorded at 
length in the town records of said A. and B. 

Witness our hands, this day of , 1858. 

A. B. 



LB.-) 

C. D. y Selectmen of A. 
E. F. ) 

G. H. 

I. J. [ Selectmen of B. 



K. L. ) 

If the application is for a new district, insert, instead 
of the clause in brackets : 

We set oif the following persons, with their taxable 
property, from district l!^o. 3, in said town of A., name- 

[Here insert the names.] 

and the following persons, with their taxable property, 
from district No. 4, in said town of B., namely, 

[Here insert the names.] 

and form them into a new district, to be called ; 

and we fix and define the limits of said new district 
as follows : 

[Here describe the whole district in both towns by metes and bounds.] 

26. Comparing the 22d, 23d and 24th sections, it ap- 
pears that the taxes upon any district, composed of 
parts of two or more towns, must be assessed by the 
selectmen of both towns, as a joint board, the assess- 
ment signed by a majority of each board and recorded 
in each town, and the selectmen of each town should 
issue a separate warrant for the collection of the taxes 
in their town, to the collector of that town. This 



224 



MEETINGS AND OFFICERS 



assessment should be made upon a new invoice taken 
for the purpose, if the tax is assessed after the first 
day of July. 



CHAPTER 38. 



OF THE MEETINGS AND OFEICERS OF SCHOOL DIS- 
TRICTS. 



1. Annual meeting, how holden. 
l,a. Seven days' notice must be 

given. 
l,b. Warrant, how posted up. 

2. Special meetings, how called. 

3. Meetings warned by selectmen. 

3,6. Warrant returned to clerk. 

3,c. Selectmen cannot call meet- 
ing unless committee neg- 
lect. 

4. Who are voters in district. 
4,6. Penalty for illegal voting. 

5. Officers of the district, what. 

5.5. Moderator chosen by ballot, 

by plurality. 
5,c. Moderator to be sworn. 

6. Clerk of district, his duties. 

6.6. Oath of officers, form. 

6,c. Affirmation may be used in- 
stead of oath. 

7. Vacancies, how filled. 
7,a. Vacancies, how created. 

7,6. Neglect to perform duties 
does not create vacancy. 

8. Prudential committee, duties. 

9. Prudential committee, remov- 

al. 



9,6. Notice to be given. 

9,c. Hearing to be had. 

9,d. Check list used in school 
meetings, when. 

9,e. Check list may be adopted. 

9,/. Form of application to com- 
mittee. 

10. Form of warrant for meeting. 

1 1 . Proceedings in such case. 

12. Articles to be inserted. 

13. Form of application to com- 

mittee to call meeting. 

14. Form of application to select- 

men to call meeting. 

1 5. Form of warrant by selectmen. 

16. Vacancy, application to fill. 

17. Vacancy, form of appoint- 

ment. 

18. Petition for removal, form. 

1 9. Notice of removal, form. 

20. Service of notice, how made. 

21. Records of district, how 

made. 
21, a. Records may be amended. 

22. Liability of district. 

23. Liability of clerk. 

24. Form of certificate of vote. 



1. There shall be a meeting holden annually in the 
month of March^ in each school district^ (excepting in 
such towns as shall have adopted the provisions of the 
chapter relating to schools in Portsmouth,) and the 
prudential committee of the district shall issue his or 



OF SCHOOL DISTRICTS. 225 

their warrant to the inhabitants of such district, quali- 
fied to vote in town afPairs, stating the time, place and 
purposes of the meeting, and shall warn the same, by 
posting up a copy of such warrant, attested by such 
committee, on the door of the school-house, if there be 
any in the district; otherwise atone or more public 
places in the district, seven days at least prior thereto. 
Laws of 1845, ch. 222, sec. 1; C. S. ch. 74, sec. 1. 

l,a. Seven days' notice only of the annual meeting 
of a school district is required in any case. 8 Foster R. 
58 ; 10 Foster B. 25. 

1,Z>. The seasonable posting of an attested copy of 
the warrant for the annual school district meeting, on 
the door of a school-house used for keeping the schools 
of the district, there being no other school-house in the 
district, is sufficient. 10 Foster JR. 25. 

2. Special meetings may be called at any time, in the 
same manner, except for raising money, or building or 
repairing school-houses, in which case an attested copy 
of the warrant issued shall be posted up fifteen days 
prior to the meeting, or given to each voter in hand, or 
left at his usual place of abode, at least ten days prior 
thereto. Ibid.^ sec. 2. 

Special meetings may he called for any purpose. If 
called for the purpose of raising money, or building or 
repairing school-houses, fifteen days' notice must be 
given, by posting up a copy of the warrant, or ten days' 
personal notice. For all other purposes, no personal 
notice need be given, and ten days' posting up is suffi- 
cient. 

3. If the prudential committee shall neglect to warn 
any such annual meeting, by issuing a warrant and 
posting up an attested copy thereof, as aforesaid, prior 
to the fifteenth day of March, or shall neglect, for the 
space often days after application made in writing by 
three or more voters of the district, to call any such 
special meeting, the selectmen of the town, upon a like 
application, shall call such annual or special meeting, 
by issuing their warrant, and causing a coj)y thereof, 
attested by them, to be posted or served in the manneir 
herein before prescribed. Ibid., sec. 3. 

The same notice is to be given by the selectmen, in 
11* . 



226 MEETINGS AND OFFICERS 

warning an annual or special meeting, that is required 
of the prudential committee for a similar meeting. 

Sjb. In all cases the original warrant, with a certifi- 
cate thereon, verified by oath, which oath the clerk of 
the district is hereby authorized to administer, that a 
copy thereof was posted up, or served as required by 
law, shall be given to the clerk of the district on or be- 
fore the day of the meeting, and shall be recorded by 
said clerk in the records of the district. Ibid., sec. 4. 

SyC. When there is a prudential committee, duly ap- 
pointed and qualified, the selectmen have no authority 
to warn a district meeting, and the proceedings of a 
meeting warned by them will be merely void, unless 
the committee have neglected their duty. 11 Foster 
M. 304. 

4. Any person qualified to vote in town affairs may 
vote at any district meeting in the district in which he 
resides and has his home. B. S. ch. 70, sec. 6 ; C. S. ch. 
74, sec. 5. 

4,6. If any person, at any school district meeting, duly 
called and holden agreeably to the provisions of the 
chapter to which this act is in addition, (this chap. — 70 
of M. S.) shall give in more than one vote for any ofiicer 
voted for at such meeting ; or if any person, under the 
age of twenty-one years, or any alien not naturalized, 
or any person who does not reside or have his home in 
such school district, he shall be punished by fine not 
exceeding thirty dollars, or may be imprisoned in the 
common jail not exceeding three months. .Laws of 
184T, ch. 496; C. S. ch. 74, sec. 6. 

As to who are legal voters, see ch. 3, sec. 11. 

5. The officers of the district shall be a moderator, a 
clerk, and a prudential committee not exceeding three, 
all of whom shall be legal voters in the district, and 
shall hold their offices until the next annual meeting, 
or until others are duly elected and qualified in their 
stead. E. S. ch. 70, sec. 7; C. S. ch. 74, sec. 7. 

5,6. The moderator of any school district meeting, 
or of any high school associated district meeting, shall 
be chosen by ballot, by a plurality of the legal voters 
present and voting at said meeting; and such modera- 
tor shall be vested with all the power and authority 



OP SCHOOL DISTRICTS. 227 

which moderators of town meetings by law have to 
conduct the business and preserve order in the meet- 
ings over which they preside. Laws of 1852, ch, 1301; 
a S. ch. 74, sec. 8. 

5,c. The moderator of any school district meeting, 
duly called and holden, before entering upon the du- 
ties of his office shall be sworn to the faithful perform- 
ance thereof, which oath may be administered by the 
clerk of the previous year, or any other legal voter of 
the district calling the meeting to order, and said oath 
shall be recorded. Laivs of 1850, ch. 981 ; C. S. ch, 74, 
sec. 9. 

6. The clerk, before entering upon the duties of his 
office, shall be sworn to the faithful performance thereof, 
which oath may be administered by the moderator, 
and shall be recorded. The clerk shall keep a true and 
perfect record of all the doings of each meeting, which 
shall be signed by him ; shall deliver to the selectmen 
a certified copy of every vote to raise money, within 
ten days thereafter, and shall make and certify copies 
of any record, when required and payment therefor 
tendered. B. S. ch. 70, sec, 8 ; G. S. ch. 74, sec. 10. 

As by the Revised Statutes, ch. 15, sec. 4, '' No person 
chosen or appointed to any public office under any law 
of this State shall exercise such office, or shall perform 
any duty therein, until he shall have taken the oath of 
office therefor,^^ it is clear that the moderator and pru- 
dential committee, as' well as the clerk, must be sworn 
before they are qualified to act. 

Of course, where there are qualified officers in a dis- 
trict, they will continue to act until their successors 
are qualified to perform their duties. 

Qyb. The form of the oath may be the same as that 
administered to town officers : 

You do solemnly swear that you will faithfully and 
impartially discharge and perform all the duties incum- 
bent on you as , according to the best of your 

abilities, agreeably to the rules and regulations of the 
constitution and laws of the State of New-Hampshire. 
So help you God. R. S. ch. 35, sec. 3 ; C. S. ch. 37, sec. 2. 

Which may be administered by the moderator, or 
any justice of the peace, and a record of the oath should 



228 MEETINGS AND OFFICERS 

be made in the record book of the district^ and signed 
by the person who administered the oath. 

The Form of Eecord may be : 

Hillsborough ss., March 23, 1858. Personally ap- 
pearing took the oath of office as a . 

Before me^ , Justice of the Teace. 

A record of an oath, " sworn in to office/^ is insuffi- 
cient. 6 N, JT. B. 182. So, also, ^^ Qualified by F. 
Chase, Esq." 9 N. H, B. 170. 

6,c. If any person is conscientiously scrupulous of 
swearing, the word '^ affirm" may be substituted for 
" swear," in the form of the oath, and the words, ^' this 
you do under the pains and penalties of perjury" instead 
of ^^ So help you God." Such affirmation shall, for all 
purposes, be and constitute an oath. B. S. ch. 15, sec. 5; 
C, S. ch. 15, sec. 5. 

A '' certified copy'' of a vote is a copy of the record of 
the meeting, made by the clerk, including his own name, 
and attested thus : 

A true copy. Attest : E. G., Clerk of said District. 

7. If any vacancy shall occur in the office of clerk 
or prudential committee, from neglect to choose, or any 
other cause, the selectmen, upon the application of one 
or more voters in such district, shall fill such vacancy ; 
and the officers thus appointed shall hold their offices 
until new ones are legally chosen and qualified, and 
shall possess all the powers and be subject to all the 
duties incident to said offices. B. S. ch. 70, sec. 9 ; C. S. 
ch. 74, sec. 11. 

7,(2. A district prudential committee vacates his office 
by removal from town. 11 Foster B. 304. 

7,6. A resignation of the office of prudential commit- 
tee Avill not be inferred from a failure to perform the 
duties. 11 Foster B. 304. 

8. It shall be the duty of the prudential committee 
to select and hire teachers for the district, provide for 
their board, furnish necessary fuel, make such occasional 
repairs in the school-house and furniture as may be 
necessary, not exceeding in amount five per cent, of the 



OF SCHOOL DISTRICTS. 229 

school money for the district, notify the superintending 
school committee of the commencement of the summer 
and winter schools, and give them all such information 
and assistance as may be necessary for the performance 
of their duties. B. S. ch. 70, sec. 10; C. S. ch. 74, sec. 12. 

9. If any member of the prudential committee is in- 
competent, or irresponsible, or mismanages the affairs 
of the district, the selectmen, on the petition of one 
fourth of the legal voters of the district, may dis- 
miss him from office, and cause him to be notified of 
such dismission, by giving to him in hand, or leaving 
at his usual place of abode in the district, a written 
notice thereof B. S. ch. 70, sec. 11 ; C. S. ch. 74, sec. 13. 

9,^. Whenever the selectmen of any town shall be 
applied to, to dismiss any member of any prudential 
committee of any school district in said town, under 
said section, (9th of this chapter) they shall thereupon 
assign a time and place of hearing, require of the pe- 
titioners a specification of charge, and shall cause a 
notice of the time and place of hearing, together with 
a copy of said specification, to be served on the party 
accused, at least four days before the time of hearing, 
by giving the same to him in person, or leaving the 
same at his usual place of abode in said town. Jjaws 
of 1846, ch. 319, sec. 1 ; C. S. ch. 74, sec. 14. 

9yC. On such hearing, the parties and witnesses may 
be examined by said selectmen, on oath ; and if, on such 
hearing, the selectmen shall be of opinion that the 
party accused is incompetent, irresponsible, or misman- 
ages the affairs of the district, they shall dismiss him 
— otherwise not. JOaws of 1846, ch. 319, sec. 2; C. S. 
ch. 74, sec. 15. 

9jd. Whenever ten legal voters in any school district 
in any of the towns or cities within this State, shall, in 
writing, and thirty days before the annual meeting in 
such district, apply to any one of the committee hav- 
ing charge of the prudential affairs of such district, re- 
questing that a check-list of the voters of such district 
may be used at such annual meeting, it shall be the 
duty of such committee to make and post up and correct 
a list of all the legal voters in their respective districts, in 
the same way and manner that selectmen of towns are 



230 MEETINGS AND OFFICERS 

now required to do in regard to check-lists in their re- 
spective towns ; and the check-lists in said districts, so 
made out, posted up and corrected, shall be used and 
checked at said annual meeting, whenever a ballot is 
taken, in the same way and manner as is now required 
by law in the election of State officers. Laws of 1851, 
ch. 1118, sec. I) as. ch. 74, sec. 16. 

9,6. Any school district in any town or city within 
this State, at any annual meeting thereof, may, by a 
major vote, adopt this act, [the sixteenth section of ch. 
74, C. S.'] and when so adopted it shall be thereafter- 
wards in force in such school district so adopting the 
same, without said written application provided in said 
sixteenth section. JOaws of 1851, ch. 1118, sec. 2 ; C. S. 
ch. 74, sec. 17. 

9,/. The Form of Application to prudential com- 
mittees to use check-list at the annual meeting, may be 
as follows : 

To the Frudential Committee of School District JVo. 3, in 
the Town of P. 

You are requested by the subscribers, legal voters of 
said district, to cause a check-list of the legal voters of 
said district to be prepared and used at the next an- 
nual meeting of said district. A. B. 

CD. 

P , February — , 1858. E. F., &c. 

10. The Form of Warrant for a school meeting, 
called by the prudential committee, may be : 

THE STATE OF NEW-HAMPSHIEE. 

[L. S.] To the Legal Voters of School District No. 3, in 
the Town of Nashville. 

You are hereby notified to meet at the school house 
in said district, on Tuesday, the twenty-third day of 
March instant, at seven o'clock in the afternoon, for 
the transaction of the following business : 

I. To choose a moderator to preside in said meeting. 

11. To choose a clerk, prudential committee, and 
other necessary officers for the ensuing year. 

III. To see if the district will remove and fit up the 



OF 8CH00L DISTRICTS. 231 

present school house^ or build a new one, and fix upon 
a location for the same. 

IV. To see if the district will sell the present school 
house lot, and buy another lot, and raise money there- 
for. 

Given under our hands and seal, at said Nashville, 
this fourth day of March, A. D. 1858. 

J *-o * * / Prudential ComHee 
C J F \ ^^ ^^^ JDistrict. 

The copy or copies posted up should be exact tran- 
scripts of the original warrant; putting a scroll and 
the letters L. S. in place of the seal, and should be at- 
tested by the prudential committee below the copy 
of their signatures, thus r 

A true copy. Attest : 

A E T ^ 

j*-p* ' I Prudential ComHee 

C J F \ ^-^ ^^^ district. 

The Eeturn of Service on such warrant may be : 

Hillsborough ss., March 21, 1858. This certifies 
that I posted up a true copy of the within warrant, at- 
tested by said prudential committee, at the door of the 
school house in said district, on the sixth day of March, 
1858, and on the same day I posted up a like copy at 
the tavern of M. T., being one of the most public places 
in said district. 

A. E. T. ^ 

The Form of the Affidavit may be : 

Hillsborough ss., March 23, 1858. Then the said 
A. E. T. made oath that the above return by him signed 
is true. 

Before me, 0. J. F., Justice of the Peace. 

A return that he had warned all the legal voters to 
meet at the time and place, and for the purposes within 
mentioned, was held defective in not specifying how 



232 MEETINGS AND OFFICERS 

notice was given, or liow long before the time of meet- 
ing. 12 Fick, B. 206. 

11. The warrant; return of notice and affidavit should 
be recorded by the clerk, dated as of the day when re- 
ceived, and attested as a true copy of the original ; and 
the record of the proceedings of the meeting should 
be similar to that of the town-clerk in case of town 
meetings. See chs. 2, 3, 4 and 5, for general directions. 
And as the statute [see sec. 3,6, of this chapter] requires 
that the warrant, return of service and certificate of 
oath, should be given to the clerk on or before the day 
of meeting, it is advised that the clerk should add a 
certificate of that fact, before the record of proceed- 
ings. 

The Form of Certificate may be thus : 
I certify that the original warrant, return of service 
and certificate of oath, above recorded, were given to 
me on the twenty-first day of March, 1858, before the 
opening of the said meeting. 

J. C, Clerk of the District. 

As this provision cannot be complied with if there is 
no clerk, application should be made to the selectmen, 
and a clerk appointed by them, and sworn before the 
meeting. 

12. Articles should be inserted in the warrant speci- 
fying the subjects to be acted on at the meeting, as in 
the case of town meetings. 

The Form of the Eecord of the meeting may be 
thus : 

_ At a meeting of the legal voters of school district 
1^0. 3, in the town of N , holden at the school- 
house in said district, on Tuesday, the twenty-third day 
of March instant, at seven o'clock in the afternoon, 
pursuant to notice, A. B. was chosen moderator of said 
meeting, who, being present, took the oath of office as 
prescribed by law. C. D. was chosen clerk, who, being 
present, took the oath of office as prescribed by law. 
J. P., C. F. and T. M. were chosen prudential committee 
for the ensuing year, who, being present, severally took 
the oath of office, as prescribed by law. 



OF SCHOOL DISTRICTS. 233 

Voted, To fit up the present school-house and raise . 

dollars therefor. 

Voted, To sell the present school-house lot, and buy 
another, and to raise dollars therefor, &c., &c. 

Attest : J. C, Clerk of said District. 

13. The Form of an Application to the prudential 
committee, to call a special meeting, may be as follows : 

To the Prudential Committee of School District No. 3, in 
the Town of N. 

You are requested by the subscribers, legal voters of 
said district, to call a special meeting of the legal voters 
of said district, and to insert in the warrant therefor 
an article, in substance, as follows : viz.. 

To see if the district will vote to build a new school- 
house, or to repair the old one, and to raise money and 
take the necessary measures therefor. 

A. B. 
C. D. 

N , May 2, 1858. E. F. 

The form o/ the warrant for such a meeting may be 
the same as for the annual meeting, and the applica- 
tion should be recorded by the clerk with the other 
papers and proceedings. 

14. The Form of the Application to the selectmen, 
authorized by sec. 3, may be as follows : 

To the Selectmen of the Town of N. 

Whereas, on the third day of May, 1858, application 
was made to the prudential committee of school district 
]^o. 3, in said town, to call a meeting of the legal 
voters of said district, a copy of which application is 
as follows : 

[Here insert a copy of the application to the prudential committee, 
date, and names of signers ;] 

and whereas more than ten days have elapsed since 
said application was made, but no meeting of said dis- 
trict has been called by said committee : 

We, the subscribers, legal voters of said district, 



234 MEETINGS AND OFFICERS 

therefore request you to call a meeting of the legal 
voters of said school district as soon as may be, to act 
upon the subjects specified in said application. 

A. B., C. D., &c., &c. 
iV , ilfay 15, 1858. 

If the prudential committee have neglected to post 
up a warrant for a meeting by the fifteenth day of 
March, the form of the application may be similar to 
the foregoing, omitting ail from '^ Whereas^^ down to 
^'said committeej^ and inserting instead : 

Whereas the prudential committee of school district 
No. 3, in said town, have neglected to warn the annual 
meeting in said district, by posting up a warrant there- 
for prior to the fifteenth day of March, and still neg- 
lect it : We, the subscribers, &c. 

15. The Form of the Warrant for a school meet- 
ing, issued by the selectmen, may be thus : 

THE STATE OF IfEW-HAMPSHIEE. 

To the Legal Voters of School District No, 3, in the Town 

of N. 

[L. S.] Ey virtue of the authority in us vested by the 
laws of this State, you are hereby notified and warned to 
meet at the school-house in said district, on Saturday, 
the twenty-eighth day of May, 1858, at three o'clock 
in the afternoon, to act upon the following subjects : 
1. To choose a moderator to preside in said meeting. 

[Here insert the articles or subjects to be acted on.] 
Given under our hands and seal, this sixteenth day 
ofMay, A. D. 1858. 

^ A. B.) 

C. D. \ Selectmen of N . 

B. F. 3 

The selectmen must see that a cop^^^ of this warrant, 
attested by them, is posted up (which may be done by 
any applicant or other person) in the manner provided 
in sections 1 and 2 ; and the return of service, afiidavit, 
clerk's certificate, proceedings at the meeting, and the 



OF SCHOOL DISTRICTS. 235 

record thereof, may be the same as if the meeting had 
been called by the prudential committee. 

The Form of the Eecord may be : 

At a meeting of the legal voters of school district N'o. 

3, in the town of I^ ;, holden at the school-house in 

said district, on Saturday, the twenty-eighth day of 
May, 1858, at three o'clock in the afternoon, pursuant 
to notice, C. D. was chosen moderator of said meeting. 

Yoted, &c. 

Attest : G. E., Clerk of said District. 

The selectmen have no power to call a meeting, ex- 
cepting in the two cases specified in sec. 3 : viz., 

I. The failure of the prudential committee to warn a 
meeting before the 15th of March. 

II. The refusal of the prudential committee to call a 
meeting within ten days after a proper application. 

If there is no legal and qualified prudential com- 
mitttee, neither of these cases can happen. In such 
case application must be made to the selectmen to ap- 
point a prudential committee, who, after being svv^orn, 
may call a meeting. 

16. The Form of the Application to the seleclrmen 
to fill a vacancy (see sec. 7) may be as follows : 

To the Selectmen of the Town of N. 

Whereas a vacancy now exists in the ofiice of clerk 
of school district ISTo. 3, in said town, by reason of the 
death of C. H., late clerk of said district, we, the sub- 
scribers, legal voters of said district, therefore request 
you to appoint some suitable person to be clerk of said 
district, according to the law in such case made and 
provided. 

T. D. 

IsT , May 3, 1858. G. P. 

17. The Form of the Appointment in such case may 
be: 

To IT. H., of N., in the County of Hillsborough. 

"Whereas there is a vacancy in the office of clerk of 
school district IS; o. 3, in said town, and application has 



236 



MEETINGS AND OFFICERS 



been made to ns^ selectmen of said town, by one or 
more legal voters of said district, to fill said vacancy; 
and whereas we have confidence in your capacity and 
fidelity, we do appoint you to be clerk of said school 
district ; and upon your taking the oath of ofiice, and 
having the same recorded in the record book of said 
district, you shall possess all the powers and be subject 
to all the liabilities incident to said office, until another 
clerk is legally chosen and qualified in your stead. 

Given under our hands at N., this third day of May, 
1858. ^ ^ 

A. B.) 

C. D. [ Selectmen of iV . 

E. F. 3 

The application, appointment, and oath of office, 
should be recorded in the record book of the district. 

18. The Form of the Petition for the dismissal of a 
member of the prudential committee may be : 

To the Selectmen of the Town of JV . 

Whereas G, H., a member of the prudential commit- 
tee of school district 'No. 2, in said town, is irrespon- 
sible, we, the subscribers, being more than one fourth 
part of all the legal voters of said district, request you 
to dismiss said G-. H. from his said office, and to cause 
him to be duly notified thereof; and w^e also request 
that you appoint some suitable person to fill the vacan- 
cy occasioned thereby. 

N. G. 

N , April 12, 1858. L. O., &c., &c. 

If the member is incompetent, or mismanages the affairs 
of the district, omit the word ^^ irresponsible,'' in the form, 
and insert instead the above w^ords, as the case may be. 

Upon this application the selectmen should appoint 
a time and pla'ce of hearing, the Form of which may 
be as follows : 

Upon the foregoing application, it is ordered that a 
hearing be had thereon at the dw^elling-house of A. B., 
in said town, on the seventeenth day of April instant, 
that the petitioners furnish to us a specification of their 



OF SCHOOL DISTRICTS. 237 

charge against said G. H., and cause a notice thereof 
to be given to said G. H., by giving to him in hand, or 
leaving at his usual place of abode, an attested copy of 
this application and order of notice thereon, and an at- 
tested copy of the said specification of charge, at least 
four days before said day of hearing. 

H. P. y Selectmen of N . 

J. L. 3 

JV , April 12, 1S5S. 

Specification of charge against G. H., prudential 
committee of school district No. 2, in 'N., upon an ap- 
plication for his removal from said ofSce, presented by 
us to the selectmen of said N. : 

We charge, that said G. H. is irresponsible. 

]^. G. 

JV , Ajml 12, 1858. L. O., &c. 

Service of this notice and specification may be made 
by any person. The copies should be accurately made 
and examined, and attested by the person making the 
service, thus : 

A true copy. Attest : G. S. 

At the time and place of hearing, the person making 
such service should return the original to the select- 
men, with a Certificate thereon, as follows : 

iV , April 12, 1858. This day I gave to G. H. in 

hand, a true and attested copy of the above application, 
order of notice, and specification of charge. 

T. S. 

H ss., April 17, 1858. Then the said T. S. ap- 

peared and made oath that the above return by him 
signed is true. 

Before me, J. P., Justice of the Peace, 

19. The Form of the Dismissal thereon may be : 
To G. H., one of the Prudential Committee of School Pis- 
trict No. 2, in the Town of N. 
Whereas application has been made to us, selectmen 



238 



MEETINGS AND OFFICERS. 



of said town, by more than one fourth part of the legal 
voters of said district, to dismiss you from your said 
office, for the reason that you are irresponsible, and a 
specification of said charge being by us required, has 
been made ; and we have assigned a time and place of 
hearing, and caused notice thereof, and of said specifi- 
cation, to be served on you more than four days before 
said day of hearing ; and have, at said hearing, heard 
the parties and examined on oath the witnesses pro- 
duced ; and whereas we are of the opinion that you 
are irresponsible : 

We therefore do, by virtue of the authority in us 
vested by law, dismiss you from your said office, and 
do order that you no longer perform any duty therein. 

Given under our hands, at said N., this seventeenth 
day of April, 1858. 

A. B.^ 

ID. y 



C. D. [ Selectmen of N . 

B. F. ) 

If the dismissal is for any other cause except being 
irresponsible, the form of dismissal should be altered ac- 
cordingly. 

20. The original notice of dismissal should be given 
to the person dismissed, and a copy taken and pre- 
served, upon which the Return of . Service should be 
made, thus : 

Hillsborough ss., N , April 17, 1858. This 

day I gave to G. H., within named, in hand, the origi- 
nal notice of which the within is a true copy. 

D. W. 

The affidavit may be in common form. 

The petition, order of dismissal, return of service 
and affidavit, should all be recorded by the clerk of the 
district. 

21. The record of the proceedings of eveiy district 
meeting should be signed by the clerk. A record not 
signed is of no avail. All papers recorded should be 
attested by him as true copies. For general directions, 
see the* duties of town-clerks, in cli. 4. 

21,a. Eecords and returns relating to the meetings of 



OF SCHOOL-HOUSES. 



239 



school districts, may be amended like those of towns. 
8 Foster B, 58. 

22. Contracts made by the prudential committee, 
which he is authorized by law to make, are the con- 
tracts of the district. The committee is a public agent, . 
and not personally liable for any thing done in pursu- 
ance of his legal authority. If not so authorized, he 
may make himself personally liable. 15 Fick. B. 39. 

23. The clerk is not liable for certifying to the select- 
men the vote of the district to raise money, although 
the meeting was illegal. 17 Fick. B. 208. 

24. The Form of a Certificate of a vote raising 
money may be : 

To the Selectmen of the Town of N. 

I hereby certify that at a legal meeting of the legal 
voters of school district I^o. 1, in said town, duly warn- 
ed, and holden pursuant to notice, at the school-house 
in said district, on the third day of May, 1858, the fol- 
lowing vote was passed : 

" Voted, That the district raise the sum of four hun- 
dred dollars, for the purpose of building a school-house 
in said district.''^ E. G., Clerk of said District. 



CHAPTER 39. 



OF SCHOOL HOUSES. 



1. School houses, how erected, 

repaired and furnished. 
l,a. Building committee cannot 

bind district. 
\jh. Acts of committee ratified, 

when. 
l,c. Occasional repairs to be 

made from the school 

money. 

2. If voters aggrieved, remedy. 

3. Proceedings on complaint. 



4. Costs, how allowed in such 

case. 

5. If district disagree on loca- 

tion. 

6. If district destitute, remedy. 
6,6. Section 6, how construed. 

7. If owner of lot selected re- 

fuses to sell, remedy. 
7,6. Selectmen not liable for neg- 
lecting to remove school 
house, when. 



240 



OF SCHOOL-HOUSES. 



13. Proceedings and report. 

14. Proceedings under section 5. 

15. Petition to lay out lot, form. 

16. Proceedings on such petition. 

17. Vote to raise money, legal. 

18. Assessment of such tax. 

19. One school-house only. 

20. Power of town over district. 

21. District may hire money, 

when. 



8. Proceedings in such case. 

9. School-house tax, how assess- 

ed. 
9,6. New invoice may be taken. 
9,c. Tax on non-residents. 
9,d. Notice of meeting to build 

two school-houses. 
9,e. Voters aggrieved, remedy. 

10. Petition of voter aggrieved. 

1 1 . Committee appointed thereon . 

12. Form of notice thereon. 

1. At any meeting, legally holden for the purpose, 
any district may vote to build^ purchase, repair, alter 
or remove a school-house in and for such district, and 
other necessary buildings therefor, and to furnish the 
same with all necessary apparatus and furniture for the 
use of the school therein ; may decide upon the loca- 
tion thereof, and purchase land therefor, not exceeding 
one acre ; may choose committees, with power to carry 
said votes into effect, and may raise money therefor. 
B, 8. ch. 71, sec. 1, amended by Laws of 1845, ch. 224 ; 
G. S. ch. 75, sec. 1. 

The power of the district to " furnish ^^ the school- 
house '' with all necessary apparatus and furniture/^ is in 
terms new. All such apparatus as maps, globes, and 
other contrivances for illustrating the studies pursued 
in the district school, may be " necessary,^' if the dis- 
trict so vote and direct their purchase. 

l,a. The building committee of a school district have 
no power to bind the district beyond the amount of 
the money voted by the district. 8 Foster B. 58. 

The powers of a building committee are limited to 
the amount voted by the district, and they cannot bind 
the district by any contract beyond that amount. 1 
Fogg B. 118. 

1,6. A ratification of the acts of the committee in build- 
ing a more expensive house, cannot be inferred from the 
mere fact that the district school is kej)t in it for a few 
weeks immediately after it is finished, there being no 
evidence that the district had any knowledge of the 
amount expended, or had taken any action on the sub- 
ject. 1 Fogg B. 118. 

1,0. A prudential committee cannot recover of tha 



OF SCHOOL-HOUSES. 241 

district the money expended for slight, occasional re- 
pairs; such repairs are to be made from the school 
money assigned to the district. 11 Foster B. 304. 

2. If any three or more voters in such district are 
aggrieved by such location, they may apply by petition 
to the selectmen, who, if they think expedient, shall 
appoint a committee of three or five qualified voters of 
the town, not resident in the district, to examine and 
report thereon. B. S. ch. 71, sec. 2} G. S. ch. 75, sec. 2. 

3. Said committee shall appoint a time and place of 
hearing said petition, and shall notify one or more of 
said petitioners, and also the prudential committee or 
clerk of the district, thereof; and after such hearing, 
their report thereon, signed by them, returned to the 
selectmen and recorded in the books of the town, 
shall be binding upon said district as if such new loca- 
tion had been made by a vote of the district. Ibid., 
sec. 3. 

4. If such location is changed, costs shall be taxed 
by the committee in favor of the petitioners, for the 
reasonable expenses of the committee and of the peti- 
tioners, which shall be paid by the district. If the 
location is not changed, the expenses of the committee 
shall be paid by the petitioners. Ibid.^ sec. 4. 

5. If at any meeting the district do not agree upon 
a location for a school-house, the selectmen, upon the 
petition of three or more voters in the district, shall 
appoint a time and place of hearing thereon, notify 
one or more of the petitioners, and the prudential com- 
mittee or clerk of the district thereof, and after such 
hearing, their report, designating a location, which 
shall be recorded in the books of the town, shall be bind- 
ing upon such district as if made by a vote thereof. 
Ibid., sec. 5. 

6. If any district is destitute of a school-house, or 
suffers the same to be out of repair, or shall be ordered 
to remove or fit up the same, or to raise any sum of 
money, or do any act required by law, and shall neg- 
lect so to build, repair, remove or fit up such school- 
house, or raise such sum, or do such act, the selectmen, 
upon the petition of three or more voters resident in 
the district, stating such facts, may assess and collect 



242 OF SCHOOL-HOUSES. 

such sum of money as may be necessary^ and cause 
such house to be built^ removed^ repaired or fitted up, 
such moneys to be expended, and such orders to be ex- 
ecuted in such manner as they shall think expedient. 
Ibid. J sec. 5. 

6,6. This section shall be so construed as to apply to 
the building and repairing of all other necessary build- 
ings connected with school-houses, in the same way 
that it now applies to the building arid repairing of 
school-houses. Laws of 1853, ch. 1485. 

7. If a suitable place for the location of a school- 
house is designated in either of the ways aforesaid, and 
the owner shall refuse to sell the same for a reasonable 
price, the selectmen, upon petition therefor, may lay 
out said lot, not exceeding one half of an acre, if in the 
opinion of the selectmen so much is needed for that 
purpose, and appraise the damages to the owner, and 
the proceedings thereon for obtaining increased dama- 
ges, in case the owner is dissatisfied, shall be the same 
as in case of a highway laid out by the selectmen. 

B. S. ch. 71, sec. 7, amended by .Laws of 1849, ch. 853 ; 

C. S. ch. 75, sec. 7. See ch. 28 and sec. 1, of this chap- 
ter. 

7,6. The selectmen of a town are not liable to be 
indicted for neglecting on petition to remove a school- 
house to a new site, designated according to the stat- 
ute by a report of a committee^ unless the (^strict, by 
purchase or otherwise, had obtained the right to place 
the school-house on the new site. 1 Foster R. 185. 

8. A record of the doings of the selectmen shall be 
made by them in the books of the town ; and upon 
payment or tender of the damages so assessed by the 
selectmen, the land so laid out shall vest in said dis- 
trict, but shall revert to the owner whenever the dis- 
trict shall vote to discontinue the use thereof, or shall 
neglect to use the same for two years saccessively. 
R. S. ch. 71, sec. 8 ; 0. S. ch. 75, sec. 8. 

9. For the purposes aforesaid, every person shall be 
taxed in the district in which he lives, for his poll and 
for all the personal estate which he holds in the town ; 
and all real estate in the town shall be taxed in the 
district in which it is. Ibid., sec. 9. 



or SCHOOL-HOUSES. 243 

9jb. The selectmen in the several towns and places 
in this State, when, for the purposes of building and re- 
pairing school-houses it shall become necessary, are 
hereby authorized to make a new invoice of all the 
property in such district, for the purpose of making a 
just assessment of the taxes necessary for such purposes. 
Zaws of 1844, ch. 148, sec. 1 ; 0. S. ch. 75, sec, 10. 

9,c. When any tax shall be assessed on any non-resi- 
dent proprietors, or owners of property liable by law 
to be assessed for the purpose of purchasing any school- 
house, or for the erection or repair of any such house, 
after the first day of July in any year, a certified copy 
of the list of such taxes, as assessed by the selectmen, 
and as delivered to the collector, shall by such collector 
be delivered to the deputy secretary on or before the 
eighth day of the next succeeding June session of the 
general court. And all such proceedings shall be had 
in relation to the same as are now had in the payment 
and collection of non-resident taxes that may be other- 
wise assessed. Ibid., sec. 2 ; C. S. ch. 75, sec. 11. 

In the assessment of school-house taxes, selectmen 
should have particular regard to this section, as its 
provisions are T1Q^Y. 

9,d. Any school-district, at a legal meeting holden 
for that purpose, may, by two thirds of the legal vot- 
ers of such district, present at such meeting, vote to 
build, purchase, alter, repair or remove two or more 
school-houses, in and for such district, and other neces- 
sary buildings therefor, and to furnish the same with 
all necessary apparatus and furniture ; may decide 
upon the location of such houses, and purchase land 
therefor, and may raise money for that purpose : pro- 
vided, that if each legal voter in said district has been 
served with a written or printed notice of the time, 
place and objects of said meeting, at least seven days 
prior thereto, in such case a majority of the voters 
present and voting at said meeting shall have power to 
bind the district to the performance of the objects con- 
templated in this act, (this section.) JLaws of 1852, ch. 
1286 ; a S. ch. 75, sec. 12. 

9,e. If any three or more legal voters in such district 
are aggrieved by the location of either of the school- 



244 OF SCHOOL-HOUSES. 

houses therein, they may apply, by petition, to the 
selectmen of the town where such school-houses are 
located, who may proceed thereon according to the 
provisions of chapter seventy-one of the revised stat- 
utes, (this chapter.) Laws of 1848, cli, 729, sec. 2 ; G, S. 
ch. 75, sec. 13. 

10. The Form of a Petition by persons aggrieved 
by the location of a school-house may be : 

To the Selectmen of the Town of N. 

Whereas the school-house in school district N"o. 3, in 
said town, is so located as to be inconvenient and un- 
just to the subscribers, legal voters in said district, who 
are aggrieved thereby : we therefore request you to 
appoint a committee to examine and report upon the 
same, and to cause a new and more equitable location, 
and a record thereof, to be made according to law. 

N. D. 

L. M., &c. 

N — -,3ia?/3, 1858. 

11. The Appointment of a committee thereon may 
be: 

To L. B., J. JSr. and T. S., of JST., in the County of H. 

Whereas application has been made to us, selectmen 
of the town of IST., legal voters in school district JSTo. 3, 
in said town, stating that they are aggrieved by the 
location of the school-house in said district, and request- 
ing us to appoint a committee to examine and report 
thereon : Now we, reposing confidence in your judg- 
ment and integrity, do appoint you a committee for 
said purpose, and you are to appoint a time and place 
of hearing, and notify said petitioners and district 
thereof, to examine said location, and hear the said 
parties, and make report to us thereon. 

Given under our hands at N., this third day of May, 
1858. 

A. B.) 

C. D. [ Selectmen of N 

E. F.J 



OF SCHOOL-HOUSES. 245 

12. The Form of the ISTotice thereon may be : 

To School District No. 3^ in the Town of JV., and to all 
persons aggrieved by the location of the School-house in 
said District. 

Whereas we, the subscribers, have been appointed 
by the selectmen of said town, upon the application of 
three or more legal voters in said district, aggrieved 
by the location of the school-house therein, a committee 
to examine and report thereon : you are hereby noti- 
fied that »we shall meet for said purpose at the school- 
house in said district, on the tenth day of M^J instant, 
at nine o'clock in the forenoon, when and where you 
may attend, and you shall be heard. 

Given under our hands this third day of May, 1858. 

J. IST. [- Committee. 
T. S.) 

Two such notices should be made by the committee, 
one for the district and the other for the petitioners, 
and should be served by giving the originals and keep- 
ing the copy, upon which a return and affidavit may 
be made as in other cases. 

13. At the time and place appointed, the committee 
should attend, examine the location of the house and 
the situation of the district, hear all the evidence offer- 
ed, and make a written report to the selectmen, which 
should be annexed to their appointment. The Form 
may be thus : 

The subscribers, by virtue of the commission hereto 
annexed, appointed by the selectmen of the town of 
jST. a committee to examine the location of the school- 
house in school district i^o. 3, in said town, and report 
whether the legal voters in said district are aggrieved 
thereby, having appointed the tenth day of May, 1858, 
at nine o'clock in the forenoon, at the school-house in 
said district, as the time and place of hearing thereon ; 
and having caused the petitioners and also said district 
to be duly notified thereof, and having carefully exam- 
ined said location, and the situation of said district, 
and heard all the evidence and arguments offered by 



246 or SCHOOL-HOUSES. 

both parties^ and attentively considered the same, are 
of the opinion that said location ought not to be chang- 
ed, and that said petitioners are not aggrieved thereby. 
And we further order that the costs of this hearing, 
taxed at — , be paid by the petitioners. Witness our 
hands, this tenth day of May, 1858. 

L. E.") 

J. 'N. y Committee, 
T. S. ) 

The petition, appointment, notice, return of service, 
affidavit and report of committee, should be all recorded 
in the books of the town by the to\Yn-clerk, and attest- 
ed by him. 

14. The proceedings under section 5 are similar to 
those under section 2, and the forms above given for 
the latter may be easily changed, so as to be adapted to 
the former. 

15. The Form of a Petition to lay out a school- 
house lot may be : 

To the Selectmen of the Toivn of W, 

The subscribers, legal voters of school district N'o. 8, 
in said town, respectfully represent that said district, 
by a vote at a meeting legally called for that purpose, 
designated, as a spot whereon to set their school-house, 
a lot of land in said district, owned by T. Gr., and bound- 
ed thus : 

[Here insert the boundaries. 1 

but the said T. G. refuses to sell said lot for a reason- 
able price : We therefore request you to lay out said 
lot, not exceeding one half of an acre, for the purpose 
of a school-house lot for said district, and to appraise 
the damages to the owner thereof, and to cause a record 
thereof to be made, according to the law in such cases 
made and provided. 

L. B. 
iV , 3Iay 3, 1858. S. C, &c., &c. 

16. The Form of the Notice on such petition may 
be: 



OF SCHOOL-HOUSES. 247 

Upon the foregoing petition it is ordered, that notice 
be given to the saidT. G-., and to said school district 
ISTo. 3, to appear at the house of IST. E,, in said 'N., on 
Wednesday, the nineteenth day of May instant, at nine 
o'clock in the forenoon, and show cause, if any they 
have, why the request of said petitioners should not 
be granted, by giving to said T. G. and to the clerk of 
said district in hand, or leaving at the usual place of 
abode of each, a true and attested copy of said petition 
and this order thereon, at least fourteen days previous 
to the said nineteenth day of May. 

Given under our hands this third day of May, 1858. 

A. B.) 

C. D. f- Selectmen of N . 

E. F.j 

The certificate that notice has been duly given, and 
the affidavit thereof, should be made on the back of 
the order, as set forth in ch. 28. 

The selectmen having met at the time and place ap- 
pointed, and having heard the parties, and their evi- 
dence and arguments, if they find the statements in 
the petition to be sustained, may lay out the lot, or a 
part of it, '' not exceeding one half an acre, and ap- 
praise the damages to the owner.'^ 

The Form of the laying out may be as follows : 
Upon the foregoing petition the subscribers, select- 
men of the town of ]S^., having caused notice to be 
given, as aforesaid, to T. G., the owner of the land 
hereinafter mentioned, and to school district ISTo. 3, in 
said town, to appear at the house of ]^. R., in said ]^., 
on Wednesday, the nineteenth day of May, 1858, at 
nine o'clock in the forenoon, to show cause, if any they 
had, why the request of said petition should not be 
granted ; and having met at said time and place, and 
fully heard all persons who chose to attend and be 
heard, as well in regard to laying out said lot as to the 
damages to be awarded therefor, and having carefully 
considered said petition, and being satisfied that said 
school district ^o. 3, in said town, did legally designate 
the lot described in said petition as and for a school- 



248 OF SCHOOL-HOUSES. 

house lot for said district, and that said T. G., the owner 
thereof, refused to sell the same to said district for a 
reasonable price : We are of opinion that said lot ought 
to be laid out, for the purpose of a school-house lot for 
said district, and do hereby, for said purpose, lay out 
the same, to be bounded thus : 

[Here insert the boundaries of the lot taken.] 

And we appraise the damages to the said T. G., of tak- 
ing said lot as aforesaid, at the sum of -dollars, 

which is to be paid by said district. 

Given under our hands at IST., this nineteenth day of 
May, in the year eighteen hundred and fifty-eight. 

C. D. [ Selectmen of JSf . - 

E. F. ) 

The petition, order of notice, affidavits and return of 
laying out, should be recorded by the town-clerk, as in 
the case of a record of laying out a highway. For 
other directions, see cJi. 28. 

17. A vote by a school district ^^ to raise a sum of 
money sufficient to remove the school-house in this dis- 
trict, and to purchase land to set the school-house 
upon,'^ is legal, and after this sum is ascertained, by re- 
moving the school-house and purchasing the lot, the 
selectmen may assess it ; but not until it is so ascer- 
tained. The safer course, however, is to raise a spe- 
cific sum. 3 JSr. H. B. 292. 

18. The direction in the statutes requiring selectmen 
to assess a school-house tax within thirty days after no- 
tice, is merely directory ; the assessment will be legal if 
made after that time. 3 N. H. B. 328. And need not 
be made by the selectmen who were in office when the 
vote was passed. 3 Mass. B. 231. The selectmen are 
to limit the time for collecting and paying in the money 
voted, not the district. Ihid, If the selectmen to 
whom the certificate of such tax is given, neglect to 
assess it, or assess it informally, upon a new certificate, 
their successors may assess it; no new vote is needed. 
Ibid, And if the selectmen make an erroneous assess- 
ment, they may revoke it and make a new one. Ibid, 



OF SCHOOL-HOUSES. 249 

A scliool district^ after having voted to raise money, 
may, at a legal meeting called for the purpose, rescind 
the vote ; and the selectmen, upon receiving notice of 
such vote to rescind, by a certified copy, will have no 
power after such notice to make an assessment or to 
issue a warrant to collect it. 3 Mass. JR. 233. 

19. If a district has a sufficient school-house, a vote 
to build another will be illegal. 3 Fairfield B. 258. 

See sec. 9<i, and 9e, of this chapter, as to the proceed- 
ings in relation to building second school-houses. 

20. In Massachusetts a town had no power to destroy 
a district without its consent, or so far to alter its limits 
to effect the same object; nor to annul or impair any 
contract made by the district, but only to alter limits 
as necessity requires. 5 Pick. R. 323. In New-Hamp- 
shire it would seem a public corporation may be modi- 
fied or destroyed without their consent. See 3 N. H. 
B. 532. And now irt is so in Massachusetts. 23 Pick. 
jK. 62. 

21. Whenever the cost of erecting any school-house, 
including the lot of land, buildings, necessary appara- 
tus and furniture, shall exceed two hundred dollars, the 
said district may hire, on the district's note, signed by 
the prudential committee, or any other person or com- 
mittee, authorized by vote of said district, a sum not 
exceeding four fifths of said cost ] and the sum so hired, 
with the interest thereon, may be assessed and collect- 
ed at such times and in such sums as the parties thereto 
may agree, provided the whole sum shall be paid with- 
in 4ve years from the time when the debt was incurred. 
Laws of 1855, ch. 1687. 

12* 



CHAPTER 40, 



OF SCHOOL TAXES AND SCHOOL MONEY. 



10. Unincorporated places, duty. 

11. How to be appropriated. 

12. Misappropriation, penalty. 

13. Railroad tax distributed. 

14. District may hold property. 

15. School tax, how assessed. 

16. Money belongs to selectmen. 

17. Selectmen not liable to teach- 

ers. 

18. Selectmen liable for not as- 

sessing, &c. . 

19. Liability, on removal, to be 

taxed. 

20. The same. 



1. School tax, how assessed. 

2. Town may raise more. 

3. School money appropriated. 

4. School money, how assigned. 
4ja. Power to apportion school 

money is a continuing pow- 
er. 

5. Neglect of selectmen, penalty. 

6. Neglect of prudential commit- 

tee to expend, penalty. 

7. School, where to be kept. 

8. Towns, when exempted, how 

far. 

9. Literary fund distributed. 

1. The selectmen of each town shall assess annually 
upon the polls and ratable estate by law taxable there- 
in, a sum, to be computed at the rate of two hundred 
dollars for every dollar of the public taxes appropri- 
ated to such town, and so for a greater or less sum. 
i2. S. ch. 72, sec. 1 ; amended by Laws of 1855, ch, 1678. 

2. The town, at any legal meeting for the purpose, 
may raise a sum exceeding the sum aforesaid, which 
shall be assessed in the same manner. R. S. ch. 72, 
sec. 2; 0. S. ch. 76, sec. 2. See ch. 42, (B.) sec. 8*, post. 

3. Such sum, when collected, shall be appropriated 
to the sole purpose of keeping an English school or 
schools within such town, for teaching reading, writ- 
ing, English grammar, arithmetic, geography, together 
with such other branches of English education as are 
adapted to the advancement of the school, including 
the purchase of necessary fuel for the school, and occa- 
sional repairs, as specified in this Title. Ibid.j sec. 3. 
See ch. 38, sec.S. 

^ There is an error in the printing of the second section in the first 
edition of the compilation of the statutes, which will be readily cor- 
rected by comparing it with the corresponding section of the Revised 
Statutes. 



SCHOOL TAXES AND SCHOOL MONEY. 251 

4. The selectmen shall assign to each district a pro- 
portion of the money thus assessed^ according to the 
valuation of the district for the year, or in such other 
manner as the town, at the annual meeting, shall direct, 
and shall pay over the same to the prudential commit- 
tee of the district. Ihid.^ sec, 4. 

The district may require the prudential committee 
to give bond for the faithful discharge of his duties ; 
and it would be prudent so to do, to avoid losses, es- 
pecially if the district has a school fund. 

It shall be the duty of the selectmen in all cases 
when the guardian and ward reside in the same town, 
to assign the tax assessed upon the ward's personal 
property to the school district in which the ward lives 
and has his home. Laws of 1852, cli. 1308 ; (7. S. ch. 
76, sec. 5. 

4,a. The power of selectmen to apportion school 
money among the several school districts in a town is 
a continuing power, to be exercised from time to time, 
whenever it is necessary from changes made in the dis- 
tricts, in order to give each district the benefit of the 
tax paid by its members. 5 Foster B. 34. 

5. If the selectmen of any town neglect to assess or 
assign, or pay over the school money as aforesaid, they 
shall forfeit and pay for each neglect a sum equal to 
that so neglected to be assessed or assigned, or paid 
over, which shall be for the use of the district aggrieved 
thereby, and may be recovered by action of debt in the 
name of such district, by the prudential committee. 
E. S. ch. 72, sec. 5 ; C. S. ch. 76, sec. 6. 

6. If the money so assigned and paid over to the 
prudential committee of any district shall be by him 
not expended according to law, he shall forfeit for each 
oifence a sum not less than the sum so unexpended or 
not expended legally, and not exceeding twice said 
sum, to be recovered by indictment, or by information, 
the cost to be paid to the county treasurer, and the 
penalty to be paid to the selectmen for the use of the 
district. E. S. ch. 72, sec. 6 ; C. S. ch. 76, sec. 7. 

7. It shall be unlawful to keep the district school in 
any other place than in the school-house belonging to 
the district, unless there be no school-house, or the 



252 SCHOOL TAXES AND SCHOOL MONEY. 

school-house be out of repair, or not of sufficient size 
to accommodate the school ; in which cases the pru- 
dential committee may, with the consent and appro- 
bation of the selectmen, provide suitable rooms and 
conveniences for the use of the school, at the expense 
of the district. B. 8. cli. 72, sec. 7 ; C. 8. ch. 76, sec. 8. 

8. The town of Portsmouth, and such other towns 
as legally adopt the provisions of the chapter of this 
Title made for the town of Portsmouth, are exempted 
from the operation of the foregoing provisions, so far 
as the same relate to the mode of apjDropriation and ex- 
penditure of said school money. JR. 8. ch. 72, sec. 8 ; 
a 8. ch. 76, sec. 9. 

9. Every banking corporation in the State shall pay 
into the treasury, on or before the second Vf ednesday 
of June, annually, one half of one per centum on the 
amount of the capital stock of the bank at that time, 
for a literary fund ; and the treasurer shall assign and 
distribute, in the month of June, annually, all sums so 
received by him, among the several towns and places 
in the State, according to the number of scholars of 
such towns and places, not less than four years of age, 
who shall, by the report of the superintending school 
committee of the several towns and places returned to 
the secretary of State for the year preceding, appear 
to have attended the district common schools in such 
towns and places for a time not less than two weeks 
within that year. B. 8. ch. 75, 56cs. 1,4; Laws o/1848, 
ch. 738 ; 0. 8. ch. 85, sees. 1, 4. 

The treasurer of the State shall now distribute the 
literary fund assigned to the unincorporated places in 
the county of Coos, among the several towns in said 
county, as now provided by law, and in the month of 
June annually hereafter, for the use of common schools, 
except what belongs to the Second College Grant and 
Wentworth's Location, which shall be paid to the pru- 
dential committee or agent of said Second College 
Grant or Wentworth^s Location, when dul}^ authorized 
by the inhabitant therein, which shall be applied to the 
maintenance of common schools. Laws of 1850, ch. 
982 ; a 8. ch. 85, sec. 8. 

10. No unincorporated place shall receive such pro- 



SCHOOL TAXES AND SCHOOL MONEY. 253 

portion until a treasurer or school a,gent shall have 
been chosen to receive and appropriate the same. R. S. 
ch. 75^ sec. 5 ; C. S. ch. S5, sec. 5. 

The proper evidence of the choice of an agent is a 
copy of the record of the town meeting at which he 
was chosen, certified and attested by the town-clerk. 

11. The money received by any town or place as 
aforesaid, shall be applied to the maintenance of com- 
mon schools, or to other purposes of education, in ad- 
dition to the sums required to be raised by law, and in 
such manner as the town shall direct. S. S. ch. 75, 
sec. 6 ; C. S. ch. 85, sec. 6. 

12. If any town, or incorporated place, or the agent 
of any unincorporated place, shall apply any sum of 
money so received to any other purpose than as afore- 
said, the town, place or agent, so offending, shall forfeit 
and pay double the sum so misapplied, to be recovered 
by indictment for the use of the county. Ibid., sec. 7. 

13. The tax upon the stock of railroad corporations, 
paid from the State treasury to the towns in which the 
stockholders live, is required ^^ to be by the selectmen 
of the towns receiving the same, (not by the town) 
appropriated in just proportions to the several purpo- 
ses for which taxes are assessed upon the polls and es- 
tates of such stockholders within such town.'^ The 
selectmen should therefore appropriate a " just'^ share 
of such sum to the support of schools. 

14. A district, being now a corporation, may take and 
hold property for the benefit of the school in the dis- 
trict. A gift of property to a district, the interest to 
be expended for the benefit of the school in addition to 
the school money, would be as useful an appropriation 
as a wealthy and patriotic man could desire. 

15. All taxes for the year, except school-house taxes, 
are required to be assessed upon the invoice made in 
April; E. S. ch. 43, sec. 1; 0. S. ch. 45, sec. 1; and no 
provision is made for taking an invoice at any other 
time. In making any assessment of a tax relating to 
school-houses, particular attention should be paid to the 
new provisions in ch. 39, sec. 9, 9,a, 9,^. 

16. The school money assessed by the selectmen is 
not the money of the town, but of the selectmen, they 



254 SCHOOL TAXES AND SCHOOL MONEY. 

being personally responsible for its proper appropria- 
tion; and so also is money above what is required by 
law wbich is voted to be raised by the town. Even in 
the hands of the town treasurer, it is the money of the 
selectmen and not of the town. 3 JV. H. B, 57. But 
if paid over to the district it ceases to be the property 
of the selectmen. Ihid, 

17. The selectmen are not liable for the wages of a 
teacher if he is employed by the agent of the district, 
and the district is liable if the agent has acted legally. 
10 m R. B. 96. 

18. If the selectmen refuse to assess, or to pay over 
the money assessed, they will be liable to an action by 
the district, but not to the agent or committee of the 
district. 10 N. H. E. 72. 

19. If a person remove from a district with a part of 
his family, for temporary purposes, with an intention 
of returning, he is still liable to taxation as an inhabit- 
ant of the district. 11 N. H. B. 48. For further refer- 
ences and explanations as to who are liable to be taxed, 
see ch. 18. 

20. If, after a tax has been raised and assessed on 
the inhabitants of a school district, a part of the district 
is set off into another district, the inhabitants of such 
part remain liable to pay the tax, the debt being fixed 
by the assessment. 5 Pick. B. 323. If a person has 
moved into the district after the invoice in April is 
taken, it is doubtful whether he is liable for a tax 
voted by the district, although he was an inhabitant 
when the vote to raise the money was passed. Ibid. 
And it is also probable that he is not liable, if he has 
removed from the district and ceased to be an inhabit- 
ant before such vote was passed — 11 JV. H. B. 48 — if 
the tax is assessed on the invoice taken in April. But 
if the tax is assessed upon a new invoice after the first 
of July, all inhabitants are liable. 



CHAPTER 41. 



OF THE REGULATION, INSTRUCTION AND INSPEC- 
TION OF SCHOOLS. 



1. Superintending committee, 

how appointed. 

2. Duties of such committee. 
2, a. Duties of such committee. 
2,6. Duties of such committee. 

3. Teachers unfit, dismissed. 

4. Unruly scholars dismissed. 
4,6. Penalty for disturbing 

school. 

5. Inspection of schools not to 

be dispensed with. 

6. Scholars may be classified. 

7. Where scholars may attend. 

8. Masters to be examined. 

9. Mistresses to be examined. 

10. Teacher not to be paid, unless. 

10,6. When districts unite, teach- 
er may procure certificate 
of committee in either 
town. 



11. Class books, how determined. 

12. Sectarian books prohibited. 

13. Poor children, how furnished; 

14. Report of superintending 

committee, how made. 

15. Compensation of committee. 

16. Superintending committee, 

when paid. 

17. Teachers, when paid, to re- 

port. 

18. Virtues to be inculcated. 

19. Children under fifteen unin- 

structed. 

20. Children under twelve. 

21. Penalty for employing in 

factories. 

22. Dismissal of teacher, forms. 

23. Certificate of qualifications, 

form. 

24. School report, form. 



1. Each town shall annually, in the month of March^ 
elect by ballot a superintending school committee, con- 
sisting of one or three persons, as the towns may elect ; 
and whenever any town shall neglect to choose such 
committee as aforesaid, the selectmen shall, before the 
twentieth of April, appoint said committee. B. S. ch. 
73, sec. 1 ; amended by Laws of 1851, ch, 1129 ; G. S. ch. 
77, sec. 1. 

The Form of Appointment by the selectmen may be 
similar to the appointment of clerk — ch, 38, sec, 17 — 
and the appointment should be recorded by the clerk. 

This is a new provision. The committee must be 
elected by ballot, and must take the oath of office, like 
other town officers. 

2. It shall be the duty of said committee to examine 
every person proposing to teach any district school in 
such town ; to visit and inspect every school at least 



256 INSPECTION or schools. 

twice in each year; to inquire into the regulation and 
discipline thereof, and suggest any necessary altera- 
tions; to examine the proficiency of the scholars^ and 
to use their influence that all the youth of each district 
attend and profit by the school therein. B. 8. ch. 73, 
sec. 2; as. ch, 77, sec. 2. 

The superintending school committee of every town 
shall prescribe rules and regulations for the manage- 
ment, studies, classification, and discipline of schools in 
their respective towns ; and, on satisfactory evidence 
that a candidate possesses a good moral character, a 
temper and disposition suitable to be an instructor of 
youth, they shall examine him in reading, spelling, 
writing, English grammar, arithmetic, in the rudiments 
of geography and history, and in other branches usu- 
ally taught in common schools, and also his capacity 
for the government of the same ; and they shall give to 
each candidate found competent, a certificate, setting 
forth the branches he is capable of teaching; and they 
shall visit each school at least twice during each term, 
once soon after its commencement, and again at or 
near its close. Laws of 1858, ch. 2088. 

2,a. The superintending committee may prescribe 
for any school, where, in their judgment, it shall be for 
the advantage of those instructed, the study of algebra, 
physiology, book-keeping, philosophy, surveying, ge- 
ometry, and natural history, and such other branches 
as are deemed necessary to be taught therein; and 
teachers may be examined in each and all of such 
branches, in addition to the requirements of section one 
of this act. lUd.^ sec. 2. 

2,5. Superintending committees shall dismiss any 
teacher, although having the requisite certificate, who 
is found incapable, or unfit to teach, or whose services 
are deemed unprofitable to any school, or who shall 
neglect or refuse to conform to the regulations by them 
made, or for other just cause, either with or without a 
petition, as provided in sec. 3, ch. 77 of the G. S. ; and, 
in such case, they shall give immediate notice to the 
prudential committee of such dismissal. Ihid., sec. 3. 

3. The superintending school committee, upon peti- 
tion of a majority of the legal voters in any district, 



INSPECTION OF SCHOOLS. 257 

for the dismission of a teacher, shall appoint a time and 
place of hearing, and notify the parties of said time and 
place, bv causing a notice thereof in writing, signed by 
at least two of said committee, to be given to the 
teacher personally, and a like notice to be posted on 
the school-house at least twenty-four hours before said 
time of hearing; and after such hearing, shall have 
power to dismiss the teacher, or not, as in their judg- 
ment will best j)romote the interest of the district ; and 
they shall dismiss every teacher who is unfit to teach, 
notwithstanding a certificate has been given; and such 
teacher shall be entitled to compensation until such 
dismission, but no longer. Laws of 1845, ch. 225 ; C. S. 
ch. 77, sec. 3. 

4. Such committee may, upon application of the 
teacher or any inhabitant of the district, dismiss any 
scholar from the school w^ho will not conform to the 
reasonable regulations of the school; and it shall be 
unlawful for such scholar to return to or remain in said 
school until restored by the teacher or by the superin- 
tending school committee. R, S. ch, 73, sec, 4:] C. S, 
ch. 77, sec. 4. 

4,Z). If any person, who shall have been dismissed 
from any school by the superintending school commit- 
tee, agreeably to the provisions of the fourth section of 
this chapter, shall attend said school or visit the same, 
or in any way interrupt or disturb the same, (unless he 
shall have been first restored by the committee,) he 
shall, for the first offence, forfeit the sum of five dollars, 
and for the second offence he shall forfeit the sum of 
ten dollars, and for the third offence he shall be impris- 
oned in the county jail, for a term not less than ten 
days nor more than thirty days. Laws of 1849, ch, 
854; a S.ch. 71, sec. 5. 

5. Towns cannot dispense with the services of the 
superintending school committee in relation to the ex- 
amination of schools. See Statutes o/1846, ch, 317, sec, 
3 ; G. S. ch. 77, sees. 18, 19 ; sees. 16, 17, of this ch. 

6. When the number of scholars in any district 
amounts to Mij or more, such district, at a meeting 
legally holden for that purpose, by a vote of three 
fourths of the legal voters present, may divide said 



258 INSPECTION OF SCHOOLS. 

scholars into two or more divisions^ according to age or 
acquirements^ or both^ and may direct nnder what 
teacher each division shall be instructed; and when 
any school district in this State shall neglect or refuse 
to divide the scholars as aforesaid^ the superintending 
school committee of said tovv^i shall^ on the petition of 
ten or more legal voters in said district, divide said 
scholars as aforesaid, if in their opinion it is necessary. 
M. S. ch. 73, sec. 6, amended by Laws of 1850, ch. 983 ; 
a S. ch. 77, sec. 6. 

In order that it may appear on the records that the 
vote was adopted by a majority of three fourths, the 
whole number of '' legal voters present ^^ should be as- 
certained and recorded by the clerk, and also the num- 
ber of persons voting in favor. The Eecord may be 
thus : 

Voted, That the scholars in this district be divided 
into three divisions, according to their acquirements, 
each division to be under the care of one teacher, and 
that the prudential committee make such division and 
classification ; the whole number of legal voters of the 
district present being forty, and thirty of said voters 
having voted in favor of such division. 

No person shall have a right to send to, or receive 
any benefit from any school in a district in which he is 
not a resident, without the consent of such district. 
Ihid.j sec. 7. 

8. ISTo person shall be employed as a school master, 
unless he is a citizen of the United States, and shall 
produce a certificate from the superintending school 
committee of the towm where such school is to be kept, 
that he is well qualified to instruct youth in the vari- 
ous branches required to be taught in an English school 
in this State, and produce satisfactor}^ evidence of his 
good moral character. Ibid., sec. 8. 

9. ISTo person shall be employed as a school mistress 
unless she shall produce a certificate from the superin- 
tending school committee of the town where the school 
is to be kept, that she is suitably qualified to teach the 
English language grammatically, and the rudiments 
of arithmetic and geography, and shall produce satis- 



INSPECTION OF SCHOOLS. 259 

factory evidence of her good moral character. Ihid., 
sec. 9. 

10. The district shall be liable for the wages of the 
teacher and for all contracts lawfully made by the pru- 
dential committee; but no person shall receive any 
compensation for teaching a district school^ without 
producing to the prudential committee the certificate 
by this chapter required. Ibid., sec. 10. 

10^&. Whenever two or more school districts in dif- 
ferent towns are united for the purpose of schooling, 
it shall be competent for the teacher to procure the 
certificate of the superintending school committee of 
either town. Laws of 1851, chap. 1117 ; C. 8. chap. 77, 
sec. 11. 

11. The superintending school committee shall de- 
termine and direct the class books to be used in the dis- 
trict schools of the town ; and the parents, masters or 
guardians of the scholars attending such schools shall 
supply said scholars with the books so directed to be 
used. B. S. ch. 73, sec. 11 ; C. S. ch. 77, sec, 12. 

12. No book shall be directed to be used as a school 
book which is calculated to favor any particular relig- 
ious or political sect or tenet. M. S. ch. 73, sec. 12 ; C. S. 
ch. 77, sec. 13. 

13. If any poor child, attending any district school, 
is destitute of the necessary class books, the selectmen 
shall provide such books at the expense of the town, 
upon application therefor. E. 8. ch. 73, sec. 13; C..8. 
ch. 77, sec. 14. 

Whenever it shall come to the knowledge of the su- 
perintending school committee of any town, or to the 
knowledge of the mayor and aldermen of any city in 
this State, that any child attending any district school 
is destitute of the necessary text books, and is poor and 
unable to procure the same, it shall be the duty of said 
committee of any town, and the mayor and aldermen 
of any city in this State, to furnish the same forth- 
with, at the expense of said town or city. Laios of 
1852, ch. 1229, as amended by Laws of 1852, ch. 1304; 
C. 8. ch. 77, sec. 15. 

14. The superintending school committee shall make 
out, annually, a report, and present the same to the 



260 INSPECTION OF SCHOOLS. 

town at its annual meeting, stating the number of 
weeks which the public schools have been kept in 
each district, in summer and in winter, and what por- 
tion thereof has been kept by male and what portion 
by female teachers; the whole number of scholars that 
have attended each school ; the progress made in each 
school in the various branches of learning ; the num- 
ber of children between the ages of four and fourteen 
years, in each district, that have not attended school 
therein, and the number of persons in each district be- 
tween the ages of fourteen and twenty-one years who 
cannot read and write, Avith such suggestions as may 
be useful upon the management of schools and the sub- 
ject of education. E, S. ch. 73, sec. 14; G. S. ch. 77, 
sec. 16. 

The superintending school committee are also re- 
quired to make a report to the secretary of State. See 
ch. 42,^, sec. 3. 

15. Such committee shall receive from the town a 
reasonable compensation for all services required by 
law to be performed by them. H. S. ch. 73, sec. 15 ; 
0. S. ch. 77, sec. 17. 

15,a. The superintending committee of any school dis- 
trict in this State, elected under the provisions of any 
law for that purpose, and performing the duties of said 
office in accordance therewith, shall be entitled to and 
receive such reasonable compensation therefor as the 
city or town in which said services shall have been per- 
formed, shall determine. JJaws o/1854, ch. 1538. 

16. The superintending school committee shall re- 
ceive no compensation for their services, until they 
shall have satisfied the selectmen that they have 
attended to the duties and made the reports by law 
required of them; and no prudential committee shall be 
authorized to receive the school money from the select- 
men, until such committee shall have caused to be pre- 
sented to the sele'ctmen the certificates required by law 
in reference to the qualifications of the teachers by 
him employed. Zaivs of 1846, ch. 317; C. 8. ch. 77, 
sec. 18. 

17. It shall be thiC duty of every teacher of a public 
school to make at the close thereof a report to the su- 



INSPECTION OF SCHOOLS. 261 

perintending committee of the town, of the number of 
scholars, male and female, that have attended, the 
branches of learning tanght, and the progress made. 
And no teacher shall be entitled to pay for his services 
until this provision has been complied with. Laws of 
1846, ch. 317 ; C. 8. ch. 77, sec, 19. 

18. It shall be the duty of all persons entrusted with 
or engaged in the instruction of the young, diligently 
to impress upon their minds the principles of piety and 
justice, a sacred regard to truth, love of country, hu- 
manity and benevolence ; sobriety, industry and fru- 
gality; chastity, moderation and temperance; and all 
other virtues which are the ornament and support of 
human society; and to endeavor to lead them into a 
particular understanding of the tendency of all such 
virtues to preserve and perfect a republican form of 
government, to secure the blessings of liberty, and to 
promote their future happiness, and the tendency of 
the opposite vices to degradation, ruin and slavery. 
E. S. ch. 73, sec. 16 ; C. S. ch. 77, sec. 20. 

19. ]^o child, under the age of fifteen years, shall be 
employed to labor in any manufacturing establishment, 
unless such child' shall have attended some academy, 
high school, or public or private day school, M^here 
instruction is given by a teacher competent to instruct 
in the branches usually taught in district schools, at 
least twelve weeks during the year next preceding the 
time when such child shall be so employed. Z/aws of 
1848, ch. 622 ; C. S. ch. 84, sec. 1. 

20. 'No child, under the age of twelve years, shall be 
employed as aforesaid, unless such child shall have 
attended some academy or school as aforesaid, at least 
six months during the year next preceding the time 
when said child shall be so employed : provided^ how- 
ever J that in case such child, when not prevented by 
sickness, shall have attended the district school in 
the district where such child had its residence during 
the whole time such school was kept in the district 
during said year, such child may be employed as afore- 
said, in the same manner as if the child had attended 
an academy or school as aforesaid for the full term 



262 INSPECTION OF SCHOOLS. 

of six months. Laws of 1848, ch. 622 ; 0. 8. ch. 84, 
sec. 2. 

21. The owner, agent or superintendent of any man- 
ufacturing establishment, who shall employ any child 
to labor in such establishment, unless a certificate is 
lodged with the agent or clerk thereof, signed by the 
teacher under whose charge such instruction was re- 
ceived, or by the prudential committee of the district 
in which such child attended school, as aforesaid, certi- 
fying that said child has attended school as provided 
by the first and second sections of this chapter, shall 
forfeit and pay the sum of fifty dollars for each offence, 
to be recovered by indictment to the use of the com- 
plainant. Jjaws of 1848, ch. 622, sec. 3 ; C. S. ch. 84, sec. 3. 

22. The Form of a Petition to dismiss a teacher 
may be thus : 

To the Superintending School Committee of the Town of JSf. 

We, the subscribers, a majority of all the legal voters 
in school district No. 3, in said town, respectfully re- 
quest you forthwith to dismiss E. M., a teacher of the 
school in said district, as he is, in our opinion, not qual- 
ified to teach the same. 

A. B. 

JSr , December 6, 1858. C. D., &c., &c. 

The Order of ISTotice may be as follows : 

Upon the foregoing application, it is ordered that a 
hearing be had thereon, at the dwelling-house of A. B., 
in N.y on the eighth day of December instant, at two 
of the clock in the afternoon ; and that notice thereof 
be given to the parties, by giving to the said E. M., in 
hand, an attested copy of the said application, and of 
this order, and by posting up a like notice on the school- 
house in said district, at least twenty-four hours before 
said time of hearing. 

A B ^ 

-p* -p/ r Committee of N . 

December 6, 1858. 



INSPECTION OF SCHOOLS. 263 

The copies should be attested thus : 
A true copy. Attest : 

p' -T^' / Superintending School 
-p' -p* \ Committee of N . 

The Affidavit of Service may be as follows : 

I certify that on the sixth day of December, 1858, at 
seven o'clock in the afternoon, I gave in hand to said 
E. JM. a copy of the within application and order of 
notice, attested by said superintending school commit- 
tee, and on the same day, at eight o'clock in the after- 
noon, I posted up a like copy on the school-house in 
said district. J. S. 

Hillsborough ss., Dec. 8, 1858. Personally appear- 
ed J. S. and made oath that the above certificate by 
him signed is true. Before me, 

J. P., Justice of the Peace. 

The Order of Dismissal on such petition may be 
thus : 

To H. M., a Teacher of the District School in School Dis- 
trict jVo. 3, in the Town of N. 

Whereas the majority of the legal voters in said dis- 
trict have petitioned us to dismiss you from your said 
situation, and, after due notice and hearing the parties, 
it is our judgment that it will best promote the interest 
of the district that you should -be dismissed from said 
school, we do, therefore, dismiss you therefrom, and 
you will take notice that, from and after the day on 
which you receive this notice, your employment as a 
teacher in said school will cease. 

T ■ Q *-n / Superintending School 

E* S* ' \ ^^^^^^^*^^^ ^/ ^ • 

N , December 8, 1858. 

The Form of a Dismissal for unfitness may be thus : 



264 INSPECTION OF SCHOOLS. 

To R. M., a Teacher of the School in School District No. 
S, in the Town of iV". 

Whereas we have made examination of said school, 
and of its management and instruction, and are satis- 
fied that the scholars do not make suitable progress in 
their studies, and that you do not possess the requisite 
qualifications for a useful teacher of said school, you 
will therefore take notice that, from and after the day 
on which you receive this notice, your employment as a 
teacher in said school is at an end. 

D T)* P* I 'S^P^^^^^^^^'^^'^Q School 
Y o ' \ Committee of iV . 

JSr , December 8, 1858. 

23. The Form of a Certificate of Qualifications 
may be : 

To whom it may concern : This certifies that we have 
examined A. B., in respect to his qualifications to teach 
the various branches required to be taught by a school 
master (or mistress) in the district schools in this State, 
and are of opinion that he is qualified according to 
law. 

Witness our hands this day of , 1858. 

T> J) V I S'^^P^^^^'^^^'^'^^^^9 School 
T^ * ^ ' \ Committee of N . 



The Form of a Certificate of Character may be 
thus: 

To whom it may concern : This certifies that we have 
been acquainted with the bearer, A. B., of this town, 
and that said A. B. is a person of good moral character. 

]Sr. B., L. H., &c. 

24. The superintending committee, in making their 
annual report, will find it convenient to make a table, 
as a part of the report, something in the following 
form : 



OF HIGH SCHOOLS. 



265 





i 






^0 


^ 
^ 


2 


een 
na- 
ite. 


•1 


1.1 


Names of Teachers. 


QQ 


een 4 and 
who have 
d School. 


a 
S 

1 





rsons betw 
21 years, u 
ead and wi 





e3 

Si 




0^ 


0. betw 
years, ^ 
attende 


II 

6^ 


42 


0. of pe 
14 and 
ble to r 


^ 


H 




^25 


^ 


^ 


;zi 


1 


1st. 


Miss S. A. C. 


16 


13 


27 


1" 





2d. 


Mr. R. K. 


12 





40 


2 


1st. 


1 Miss C. R. G. 


1 16 





45 


j 45 j 1 


2d. 


1 Mr. W. W. 


1 9 





36 





Other columns may be added, as, amount of money as- 
signed to each district, wages of teachers, number of males 
and females attending school^ average attendance, number in 
each clasSy books, &c., &c. 



CHAPTER 413. 



OF HIGH SCHOOLS. 



1. Districts may unite and form 

high schools. 

2. United districts made corpora- 

tions. 

3. Officers, how appointed. 

4. Powers of associated districts. 

5. School money, how assigned. 

6. What branches of education to 

be taught. 

7. Associated districts may raise 

money. 

8. Act not in force unless adopted 

by the town. 

9. Any school district may adopt 

the Somersworth act. 
13 



10. Superintending school com- 

mittee, how appointed. 

11. Districts containing 100 

scholars may maintain high 
schools. 

12. School meetings to be held in 

March. 

13. Manner of calling meetings. 

14. If prudential committee neg- 

lect. 

15. District of 100 scholars may 

adopt chapter 81. 

16. Selectmen to assess taxes. 

17. Selectmen to lay out land for 

school-house. 



266 



OF HIGH SCHOOLS. 



OF HIGH SCHOOLS IN THE TOWN OF SOMERSWORTH. 



18. Selectmen to appoint superin- 

tending school committee. 

19. Powers and duties of said 

committee. 

20. High schools may be estab- 

lished. 

S. S. Committee to divide 
scholars into classes, and 
prescribe their qualifica- 
tions. 

District may purchase land. 

District may hire money. 

General laws relating to 
schools, inconsistent with 



21 



22. 
23. 
24. 



this act, not in force in dis- 
trict. 

25. Time act takes effect. 

26. Somersworth act extended to 

all districts. 

27. Selectmen to appoint superin- 

tending committee. 

28. May be compelled to appoint. 

29. School committee may consist 

of seven. 

30. District may abandon organ- 

ization. 

31. Clerk to give notice thereof. 



OF HIGH SCHOOLS IN CLAREMONT. 
37 



Town may raise money 
build high school house. 
Laws modified. 
Act to take effect, when. 



to 



40. Any town may adopt act. 



32. High School to be maintained. 

33. Committee to be elected. 

34. To appoint officers. 

35. To make report. 

36. School money to be paid to 

high school committee. 

1. Any two or more contiguous school districts, in 
any town or towns in this State, may associate together 
and form a union for the purpose of establishing and 
maintaining a high school or high schools, for the in- 
struction of the older and more advanced scholars be- 
longing to the several associated districts ; but no vote 
of any district to associate with another, or others, 
shall be valid, unless passed by two thirds of the voters 
present, at a legal meeting called and holden for the 
purpose. Statutes of 1845, ch. 220, sec. 1 ; C. S. ch, 79, 
sec. 1. 

2. "When a union shall have been so formed, the as- 
sociated districts shall be a body politic and corporate, 
under the name of the high school associated districts 

of , (the town in which tliey may be) and shall 

have, possess and enjoy all the powers and privileges 
conferred, and be subject to all the duties and liabilities 
imposed on school districts by the general laws of the 
State, except as is herein otherwise provided ; and all 
laws in relation to calling meetings in school districts, 
and the officers thereof, and their duties, shall be taken 
and deemed to be applicable to calling meetings in 



OF HIGH SCHOOLS. * 267 

higli school associated districts^ and to choosing officers 
thereof, and their duties, except as herein otherwise 
provided. Ibid., sec. 2. 

3. The officers of high school associated districts 
shall be a moderator, clerk, and prudential committee. 
The several prudential committees of the districts so 
associated shall be members of and constitute the pru- 
dential committee of the high school associated districts ; 
but if in any district the prudential committee shall 
consist of more than one person, then the chairman 
only of such committee shall be a member of the pru- 
dential committee of the high school associated dis- 
tricts. Said last mentioned committee shall have power 
to determine the age and qualifications of the scholars 
who may attend the high school or high schools, em- 
ploy teachers, and make rules and regulations for the 
studies and discipline of such school or schools, which 
shall not, however, be in force until approved by the 
superintending school committee of the town. Ibid., 
sec, 3. 

4. All high school associated districts shall have 
power to purchase land for building school-houses 
thereon; to build school-houses and other necessary 
buildings; to remove, alter, repair and furnish the 
same ; to hire school-houses, or other buildings or 
rooms for keeping a high-school or high-schools therein, 
and to raise money for the several purposes aforesaid. 
And the mode, directed by the laws in force to be pur- 
sued to raise and collect money in school districts for 
building school-houses, shall be pursued in raising and 
collecting mone}" for the above purposes in high school 
associated districts. Ibid., sec. 4. 

5. A portion of the school money assigned by the 
selectmen to each of the several districts so associated, 
not exceeding one fourth part of the same, shall be 
appropriated to the maintenance of said high school or 
high schools, and shall be paid to the prudential com- 
mittee of the high school associated districts. And 
said committee, in conjunction with the superintending 
school committee of the town, shall annually determine 
what portion of said school money shall be so appro- 



268 OF HIGH SCHOOLS. 

priated and paid, whicli determination shall be in writ- 
ing and recorded. Ibid., sec, 5. 

6. The teacher of every high school shall be compe- 
tent to instruct in all the branches of English education 
prescribed to be taught in common schools, and shall 
be also competent to teach history, philosophy, chem- 
istry, botany, book-keeping, surveying, geometry, alge- 
bra, rhetoric and logic, all which branches, and also the 
ancient and modern languages, may be taught in such 
high schools. Ihid.^ sec. 6. 

7. The said high school associated districts may raise 
money to be appropriated, exclusively, to paying, in 
part, the salaries of the teachers of the high schools 
therein, the same proceedings being had which are 
prescribed by law for raising and collecting money to 
build school-houses; but no vote to raise money for 
that purpose shall be valid unless passed by two thirds 
of the voters present. Ihid.j sec. 7. 

8. This act (the seven preceding sections) shall apply 
to such towns only as at any meeting, duly notified and 
held for that purpose, shall have adopted its provisions; 
^n article being inserted for that purpose in the war- 
rant for said meeting. Laws of 1845, ch. 220, sec, 8, 
amended by Laws of 1852, cA. 1231; C. S. ch. 79, sec. 8. 

The forms of votes, &c., for the purpose of uniting 
two or more districts, will appear sufficiently by refer- 
ence to chapter 37, section 15. 

9. The provisions of the act passed June nineteenth, 
A. D. eighteen hundred and forty-eight, entitled an act 
relating to school district number three, in Somersworth, 
(chapter eight^^-one of the comp. statutes) are hereby 
extended and made applicable to all school districts 
which may adopt said act at legal meetings held for 
that purpose, and all the authority and power given in 
and by the said act to school district number three in 
Somersworth, are hereby conferred upon any school 
district which may adopt the same. Laws of 1848, ch, 
718, sec. 1 ; 0. S. ch. 79, sec. 9. 

10. Any school district which may adopt the said 
act, (chapter eighty-one of the comp. statutes) may 
elect tlieir own superintending committee at any legal 
meeting held for that purpose in the month of March, 



OF HIGH SCHOOLS. 269 

annually, and in case such committee shall not be 
chosen by the district, then the selectmen of the town 
in which such district may be located, shall appoint a 
special superintending school committee for said dis- 
trict. Laws of 1848, ch. 718, sec. 2 ; G. 8. ch, 79, sec. 10. 

11. When the number of scholars in any school dis- 
trict shall exceed one hundred, such district may vote 
to keep such high school or schools therein as the in- 
terests of education may require. This act (this sec- 
tion) shall not be so construed as to limit or impair the 
powers conferred on school districts by an act entitled 
^^ an act to empower school districts to establish and 
maintain high schools,^^ approved Dec. 19, 1848. Sec- 
tions 9 and 10 of this chapter. Laws of 1848, ch. 729, 
sees. 3 and 4; G. S. ch. 79, sec. 11. 

12. In those towns which have adopted or shall adopt 
the provisions of chapter seventy-four of the revised 
statutes, in relation to schools in the town of Ports- 
mouth, (the three first and eleven last sections of chap- 
ter eighty of the compiled statutes) there shall be in 
each school district a meeting of the inhabitants of 
said district, qualified to vote in town affairs, holden 
annually in the month of March, for the choice of 
school committee, and to transact the other business of 
said district ; and the prudential committee of said dis- 
trict shall issue their warrant, stating the time, place 
and purposes of such meeting, directed to one of the 
constables of said town, requiring him to notify said 
meeting. Laws of 1846, ch. 320, *sec. 1 ; G. S. ch. 79, 
sec. 12. 

13. The constable to whom said warrant is directed 
shall notify said meeting by posting up a copy of said 
warrant, attested by himself, at least seven days prior 
to said, meeting, in one or more public places in said 
district, and shall make a return of his doings therein 
to the secretary of said district on the day of said 
meeting ; and said secretary shall record the same in 
the records of said district. Special meetings may be 
called at any time in the same manner. Laws of 1846, 
ch. 320, sees. 2 andS-, G. S. ch. 79, sec. 13. 

14. If the prudential committee shall neglect to warn 
such annual meeting on or before the fifteenth day of 



270 OF HIGH SCHOOLS. 

March, or shall neglect, for the space of ten days, after 
application made in writing by ten or more voters of the 
district, to call any such special meeting, any justice 
of the peace in such town, upon alike application, may 
call such annual or special meeting, by issuing his war- 
rant and causing a copy thereof to be posted up, as 
herein before prescribed. Laws of 1846, ch. 320, sec A) 
a S. ch. 79, sec. 14. 

15. Any school district, having one hundred scholars 
or more, which has adopted or may hereafter adopt 
the act relating to school district number three in 
Somers worth (chapter eighty-one of the comp. statutes) 
shall be authorized at the annual meeting, or at any 
other meeting held for that purpose, to raise such sum 
of money as they may deem necessary for the support 
of a high school in such district. JOaivs of 1850, ch. 
989, sec. 1; G. S. ch. 79, sec. 15. 

16. It shall be the duty of the selectmen of the town 
in Avhich such district is located, seasonably to assess 
the tax aforesaid upon the inhabitants and estates in 
such district, in the same manner as school-house taxes 
are raised, and cause the same to be collected and paid 
over to the prudential committee of such district. Laws 
of 1850, ch. 989, sec. 2 ; G. S. ch. 79, sec. 16. 

17. Whenever the location for the school-house and 
other buildings for the use of the high school shall have 
been fixed upon agreeably to the provisions of the sev- 
enty-first chapter of the revised statutes, (seventy-five 
of the comp statutes) and the owner of the land shall 
refuse to sell the same for a reasonable price, the select- 
men shall have power to lay out the same, not exceed- 
ing one half acre of land, in the manner prescribed in 
the seventh section of said seventy-first chapter, (seven- 
ty-five of the comp. statutes.) Jjaios of 1850, ch. 989, 
sec, 3 ; G. S. ch, 79, sec. 17. For forms, &c. see ch. 38. 

OF HIGH SCHOOLS IN SOMERSWORTH. 

18. The selectmen of the town of Somersworth shall, 
annually, on or before the twentieth day of April, ap- 
point a superintending school committee for school dis- 
trict number three in "said town, consisting of not less 
than five nor more than seven, all resident in said dis- 



OF HIGH SCHOOLS. 271 

trict, who shall hold their offices for one year and until 
others are appointed in their place ; and when any va- 
cancy may occur in said committee^ the same may at 
any time be filled by appointment by the selectmen. 
Laws of 1848, ch. 631, sec, 1) C. S. ch. 81, sec. 1. 
For form of ajopointment, see ch. 41, sec. 1. 

19. Said committee shall choose a chairman and sec- 
retary, and shall be invested with all the powers and 
perform all the duties in said district that superintend- 
ing school committees are authorized or required to per- 
form in towns, by virtue of any laws now existing, or 
which may from time to time exist in relation to super- 
intending committees of town schools. They may ap- 
point sub-committees from their own board, and pre- 
scribe their powers and duties, and may adopt by-laws 
for their own government and for regulating the 
schools in said district. Ibid., sec. 2. 

20. There may be kept and maintained in said dis- 
trict one or more high schools, in which may be taught 
all the branches usually taught in English grammar 
schools, and such additional branches as the superintend- 
ing committee may direct ; and the teachers of such 
high schools shall be qualified to instruct youth in the 
various branches required to be taught in English gram- 
mar schools, together with such additional branches as 
the superintending committee shall direct to be taught 
in such high schools. Ihid., sec. 3. 

21. The said superintending committee shall divide 
the scholars in said district into such divisions and 
classes, according to location or acquirements, or both, 
as they may consider judicious, and shall direct what 
school each class or division shall attend ) shall prescribe 
the qualifications necessary for admission into the high 
schools, and regulate the transfer of scholars from one 
school to another. Ibid., sec. 4. 

22. Said district is hereby authorized to purchase 
and hold such quantity of land for school-house lots, 
not exceeding three acres in any one lot, and erect such 
school-houses thereon as may be determined on by 
vote of the district. Ibid., sec. 5. 

23. Whenever the cost of erecting any school-houso 
shall exceed two thousand dollars, including the cost 



272 OP HIGH SCHOOLS. 

of the lot, said district may hire the excess above said 
two thousand dollars on the district's note, signed by 
the prudential committee, or any other persons or com- 
mittee authorized by vote of said district ; and the sum 
so hired, with interest thereon, may be assessed and 
collected in future years as said district may, by vote, 
determine. Ibid., sec, 6. 

24. Any provision contained in the general laws of 
this State relating to schools, which may be inconsist- 
ent with the provisions of this act, shall not be in force 
in said district after the time when this act shall take 
effect therein. Ibid., sec, 7, 

25. This act shall be in force from its passage, but 
shall not take effect in said district until adopted by a 
vote thereof at a meeting called for that purpose. Ibid,^ 
sec, 8. 

26. The provisions of the act passed June 19, A. D. 
1848, entitled an act relating to School District No. 
3, in Somersworth, are hereby extended and made appli- 
cable to all school districts which may adopt said act 
at legal meetings held for that purpose, and all the 
authority and power given in and by the said act to 
School District No. 3, in Somersworth, are hereby con- 
ferred upon any school district which may adopt the 
same. JOaws of 1848, ch. 718, sec. 1. 

27. Any school district which may adopt the said act 
may elect their own superintending committee at any 
legal meeting held for that purpose in the month of 
March annually, and in case such committee shall not 
be chosen by the district, then the selectmen of the 
town in which such district may be located, shall ap- 
point a special superintending school committee for said 
district. Ibid,, sec, 2, 

28. Under the act of Dec. 19, 1845, ch. 41,B, sees. 26 
and 27 of this chapter, when a district had adopted the 
act and had not chosen any committee, it was the duty of 
the selectmen to appoint a committee, and in case of 
their refusal to do so a peremptory mandamus will be 
issued to compel them to do so. 19 N, H. B. 533. 

29. That any school district which may have adopted 
the provisions of the act to which this is in amendment, 
may choose a superintending school committee, con- 



OF HIGH SCHOOLS. 273 

sisting of one or more persons; not exceeding seven, 
any thing in the act to which this is in amendment 
to the contrary notwithstanding. Laws of 1852, ch. 
1672. 

30. Any school district which has adopted, or may 
hereafter adopt the provisions contained in chapter 81 
and in chapter 79, section 9/of the compiled statutes, 
at any legal meeting called for the purpose, may vote 
to abandon such organization as provided for in the 
provisions aforesaid. Laws of 1856, ch. 1860, sec. 1. 

31. Upon the passage of such a vote, as aforesaid, by 
any school district, the clerk thereof shall give a certi- 
fied copy of such vote to the selectmen of the town in 
which such district is situated within ten days thereaf- 
ter. ia2/;5 0/ 1856, cA. 1860, 56C. 2. 

OF HIGH SCHOOLS IN CLAREMONT. 

32. That there shall be kept and maintained in the 
town of Claremont, a high school, in addition to the 
district schools in said town, for the benefit of the 
more advanced scholars in said town. Laws of 1857, 
ch. 1978, sec. 1. ^ 

33. Said town shall annually choose, by ballot, a 
committee consisting of not less than three nor more 
than nine persons, to be denominated the high school 
committee, who shall hold their ofiice until the next 
annual town meeting, and until others are chosen in 
their place; and when any vacancy occurs in said com- 
mittee, the same may, at any time, be filled by appoint- 
ment by the selectmen. Ihid., sec. 2. 

34. Said committee shall choose a chairman and sec- 
retary, and shall receive and appropriate the money 
assigned to said high school, shall examine and con- 
tract with the teachers thereof, fix and pay their sala- 
ries, provide all necessary fuel and apparatus for the 
school, regulate the admission of scholars, prescribe the 
branches of study to be pursued, and the class-books 
to be used, and transact all other business relating to 
the regulation and government of said school. Ibid.j 
sec. 3. 

35. Said committee shall, on or before the first day 
of Mar^h, annually, make a report to the selectmen, 

13* 



274 OF HIGH SCHOOLS. 

containing an account of their receipts and expendi- 
tures, and also, at the annual town meeting, shall lay 
before the town a report, giving a general view of the 
condition of said school. Ihid., sec. 4. 

36. The selectmen shall annually assign and pay 
over to the high school committee, such portion of the 
school money of said town as they shall think sufficient 
for the support of said school, or as the town shall 
direct. Ibid., sec. 5. 

37. Said town, at its annual meeting, or at any meet- 
ing called for the purpose, shall raise so much money 
as is necessary for erecting, enlarging, repairing, pur- 
chasing, removing or hiring a school-house or other 
buildings, for the accommodation of said school, and 
furnishing the same with necessary furniture, and the 
selectmen shall assess such sum upon the polls and rat- 
able estate within said town, and shall cause the same 
to be collected like other town taxes, and shall appro- 
priate the same for the purposes for which it was raised. 
Ibid., sec. 6. 

38. All the provisions contained in the general laws of 
the State, relating to schools, shall be in force in the 
town of Claremont, except so far as the same are herein 
modified or rescinded. Ibid., sec. 7. 

39. This act shall be in force from its passage, but 
shall not take effect in said town until adopted by a 
vote thereof, at a meeting called for that purpose. Ibid., 
sec. 8. 

40. Any town, at its annual meeting, or at any meet- 
ing lawfully called for the purpose, may adopt the pro- 
visions of this act, which shall therein extend and apply 
to such town as fully as to the said town of Claremont. 
Laws of 1857, ch. 1978. 



CHAPTER 41,C. 



OF TRUANT CHILDREN AND ABSENTEES FROM 
SCHOOL. 



Towns empowered to make all 
needful arrangements in re- 
lation to truants, &c. ; pow- 
ers described. 

Officers, how appointed ; duties 
defined. 

Minors between the ages of six 
and sixteen may be commit- 
ted to house of instruction, 



reformation, or other place, 
&c. 

Minors unable to pay fine may 
be discharged in certain 
cases. 

Fine may be remitted by giving 
bond to attend school, pay- 
ing costs, &c. 

Act to be in force in such towns 
and cities as adopt it. 

1. Each of the several cities and towns in this State 
be and they hereby are authorized and empowered to 
make all needful provisions and arrangements concern- 
ing habitual truants and children not attending school, 
without any regular and lawful occupation, growing up 
in ignorance, between the ages of six and sixteen years ; 
and also all such ordinances and by-laws respecting 
such children as shall be deemed most conducive to 
their welfare and the good order of such city or town ; 
and there shall be annexed to such ordinances suitable 
penalties, not exceeding, for any one breach, a fine of 
ten dollars ] provided, that said ordinances and by-laws 
shall not be repugnant to the laws of this State. Laws 
of 1852, ch. 1278, sec, 1 ; C. S. ch. 78, sec. 1. 

2. The several cities and towns availing themselves 
of the provisions of this act, may appoint, in the same 
manner that other officers are appointed by said city 
or town, three or more persons, who alone or any one 
of whom, shall be authorized to make the complaints 
in every case of violation of said ordinances or by-laws, 
to the justice of the peace or other judicial officer who, 
by said ordinance, shall have jurisdiction of the matter, 
which persons, or one of them, shall alone have author- 
ity to carry into execution the judgments of said justice 



276 ABSENTEES FROM SCHOOL. 

of the peace or other judicial officer. Laws of 1848, cTi. 
1278, 5ec. 2]C. S.ch, 7S, sec. 2. 

3. Any minor between the ages of six and sixteen 
years, convicted under the provisions of this act, of be- 
ing an habitual truant, or of not attending school, or of 
being without any regular and lawful occupation, or 
growing up in ignorance, may, at the discretion of the 
justice of the peace or judicial officer having jurisdic- 
tion of the case, instead of the fine mentioned in the 
first section, be committed to any said institution of in- 
struction, house of reformation, or suitable situation as 
may be provided for the purpose under the authority 
given in said first section, for such time as such justice 
or judicial officer may determine, not exceeding one 
year. Laws of 1848, sec. 3; C. S. ch. 78, sec. 3. 

4. Any minor convicted of either of said offences, and 
sentenced to pay a fine as provided in the first section, 
may, in default of payment thereof, be committed to said 
institution, house of reformation, or suitable situation 
provided as aforesaid, or to the county jail, as provided 
in the case of non-payment of other fines. And upon 
proof that said minor is unable to pay said fine, and 
has no parent, guardian, or person chargeable v/ith his 
support, able to pay the same, he may be discharged by 
said justice or judicial officer, v>dienever he shall see fit. 
Laws of 1848, ch. 1278, sec. 21 ; C. S. ch. 78, sec. 4. 

5. If any minor, convicted of any offence mentioned 
in the foregoing act, shall, within twenty-four hours 
after said conviction and sentence, give a bond to said 
town or city in the penal sum of twenty-five dollars, 
with good and sufficient sureties, to be approved by 
said justice or other judicial officer before w^hom said 
minor was convicted, that he will attend some district 
or other school, in BSiid town or city, for one term, that 
the same shall be in operation next after said convic- 
tion and sentence, that he will voluntarily comply with 
all the regulations of said school, and will be regular 
and constant in his attendance upon the same, except 
in case of ill health, and will at all times be obedient 
and respectful to the teacher, said justice or other judi- 
cial officer shall have power, upon the payment of all 
costs, and upon the filing of said bond as aforesaid, to 



SqpOOLS IN PORTSMOUTH. 



277 



remit said fine. Laws of 1848^ ch, 1278^ sec. 5 ; C. 8. ch. 
78^ sec. 5. 

6. This act shall take effect and be in force in such 
towns only as shall^' at some legal meetings adopt the 
same, and in such cities as shall, by their city govern- 
ment, adopt the same, and make such ordinances and 
by-laws as may be necessary to enforce its provisions. 
JOmos of 1848, ch. 1278, sec. 6; G. S. ch. 78, sec. 6. 



CHAPTER 42. 



OF SCHOOLS IN THE TOWN OF PORTSMOUTH. 



9. Qualifications of teachers. 

10. Class books, how determined. 

1 1 . Money, how apportioned. 

12. Town may raise more money. 

13. Neglect to assess, penalty. 

14. General school laws in force. 

15. This chapter adopted, how. 



1. High schools to be kept. 

2. Prudential committee, choice. 

3. Prudential committee, duty. 

4. High school committee, what. 

5. High school committee, duty. 

6. Vacancies, how filled, 

7. Reports to be made by both. 

8. Scholars, how selected. 

1. There shall be kept and maintained in the town of 
Portsmouth, in addition to the district schools, at least 
two high schools, one for males and the other for 
females; in which shall be taught all the branches 
usually taught in an English grammar school, with 
such additional branches as the town may direct. B. S, 
ch. 74, sec. 1 ; C. S. ch. 80, sec. 1. 

2. The prudential committee of each district shall 
consist of three or more persons, to be chosen by bal- 
lot by the district, the first named of whom shall be 
chairman, and to hold their office until the next annual 
meeting, and until others are chosen and qualified in 
their stead. Ibid., sec. 2. 

3. They shall perform all the duties of the superin- 
tending school committee as well as of a prudential 
committee, except as is hereinafter specified, and shall 



278 SCHOOLS IN PORTSMOUBH. 

determine and direct what class-books shall be used 
in their respective district schools, which shall be fur- 
nished by the parents, master or guardian of any child 
attending said school. Ihid,, sec. 3. 

4. The prudential committee of the several school 
districts in the town of Portsmouth shall together con- 
stitute a superintending committee, of which the chair- 
man of the prudential committee in district number 
two shall be chairman, and shall possess and exercise 
all the powers given by law to superintending school 
committees in other towns in this State, so far as re- 
lates to determining and directing the class-books to be 
used in the district schools. Laws of 1847, ch, 497 ; 
a S. ch. 80, sec. 4. 

5. They shall examine and contract with the teachers 
of the high schools, fix and pay their salaries, provide 
all necessary fuel and apparatus for the schools, receive 
and appropriate the money assigned to such schools, 
regulate the admission of scholars, prescribe the class- 
books to be used, and transact all other business relat- 
ing to the government of said schools. B. S. ch. 74, 
sec. 5 ; G. S. ch. 80, sec. 5. 

6. If there shall be a vacancy in either of said com- 
mittees, either from neglect to choose, or any other 
cause, the selectmen shall immediately fill such va- 
cancy. Ibid., sec. 6. 

7. Each prudential committee and the high school 
committee shall annually, on or before the first day of 
March, make a report of their doings to the selectmen, 
containing an account of their receipts and expendi- 
tures for the year, the number of schools under their 
control, the number of pupils of each sex belonging to 
each school, the average number of each sex attending 
school, their ages, the various branches of study taught 
in each school, and the number of scholars in each 
branch, and such other matters as may serve to present 
a general view of the condition of each school; and 
the selectmen shall lay such reports before the town at 
its annual meeting. Ibid., sec. 7. 

8. Said high schools shall be for the common benefit 
of all the districts of said town, and each district may 
send an equal proportion of scholars, possessing the 



SCHOOLS IN PORTSMOUTH. 279 

requisite qualifications, to each of the high schools, un- 
der such regulations as may from time to time be estab- 
lished by the high school committee, and this propor- 
tion shall be determined as nearly as may be by the 
number of pupils attending school in each district. 
I hid. J sec. 8. 

9. No person shall be employed as a teacher in either 
of said high schools who is not qualified to teach En- 
glish grammar, book-keeping, geometry, surveying, nav- 
igation, mensuration, algebra, astronomy and natural 
history, besides the qualifications required of teachers 
of district schools. The town or the high school com- 
mittee may require such additional qualifications as 
they shall think expedient. Ibid., sec. 9. 

10. The high school committee shall determine and 
direct what class-books shall be used in the several 
high schools, which shall be furnished by the parents, 
master or guardian of every child attending said 
schools. Ibid.y sec. 10. 

11. The selectmen shall annually assign and pay over 
to the high school committee such portion of the school 
money as they shall think sufficient for the support of 
said schools, or as the town shall direct ; and shall as- 
sign and pay over the balance to the several district 
committees, as nearly as may be in proportion to the 
number of scholars in each district respectively. Ibid., 
sec, 11. 

12. Said town, at its annual meeting, or at any meet- 
ing called for that purpose, shall raise so much money 
as is necessary for erecting, enlarging, repairing, pur- 
chasing, removing or hiring school-houses and other 
buildings for the accommodation of schools therein, 
with necessary furniture and ^paratus, and the select- 
men shall assess such sum upon the polls and ratable 
estates within the town, and shall cause the same to be 
collected like other town taxes, and shall appropriate 
the same for the purposes for which it was raised. 
Ibid., sec. 12. 

13. If the selectmen shall neglect to assess, collect, 
apportion, pay over or appropriate any sum of money 
in the manner prescribed by law ; or if either of the 
committees aforesaid shall neglect so to appropriate, or 



280 



COMMISSIONERS OP COMMON SCHOOLS. 



shall misappropriate the same^ the person so offending 
shall be liable to the same penalty provided in case of 
neglect of selectmen to assess and apportion school 
money. Ibid., sec. 13. 

14. All the provisions contained in the general laws 
of this State relating to schools, shall be in force in the 
town of Portsmouth, except so far as the same are 
herein modified or rescinded. Ihid., sec, 14. 

15. Any town, at its annual meeting, or at any meet- 
ing lawfully called for the purpose, may adopt the pro- 
visions of this chapter, which shall then extend and 
apply to such town as fully as to the town of Ports- 
mouth. Ihid., sec. 15. 



CHAPTER 42,B. 



OF COMMISSIONERS OF COMMON SCHOOLS AND 
TEACHERS' INSTITUTES. 



1. County school commissioners 

to be appointed. 

2. County school commissioners 

to meet in Concord. 

3. Superintending school commit- 

tees to make returns. 

4. Penalty for not making returns. 

5. Penalty for neglect of superin- 

tending school committee to 
make returns. 

6. Duty of commissioners. 

6,a. Commissioners to report to 

the governor. 
6,6. To report to the legislature. 



6,c, Money from teachers' insti- 
tutes, how appropriated. 

6, J. Commissioners to pay over 
money to their successors. 

6,e. Commissioners' duties, to 
commence when. 

7. Board of education to make 

report. 

8. Towns may raise money to 

support teachers' institutes. 

9. Towns to appropriate three 

per cent. 
10. Selectmen authorized to pay 
the same to county school 
commissioners. 



1. The governor and council shall annually appoint 
a commissioner of common schools in each county of 
this State, who shall hold his office one year from the 
fifteenth day of July. Laws of 1850, ch. 955, sec. 1 ; C. S. 
ch. 82, sec. 1. 



COMMISSIONERS OF COMMON SCHOOLS. 281 

2. The several county commissioners shall meet in 
Concord, at the capitol of this State, on the third 
Wednesday of August, and shall, in their associated 
capacity, constitute a board of education, with the 
power of choosing a chairman and secretary ; and shall 
recommend such books as may appear to them most 
suitable to be used in common schools, and such methods 
of instruction, modes of government and discipline to 
be pursued in said schools as may seem best adapted to 
promote their usefulness. Ibid., sec. 2. 

3. The superintending school committee in each 
town shall, immediately after the close of the winter 
schools, and on or before the first day of April, in each 
year, transmit to the secretary of state, to be by him 
delivered to the secretary of the board of education, a 
copy of the report presented by them to the town at 
its annual meeting, and also at the same time shall for- 
ward to the secretary of state for the same purpose, 
according to forms by him provided, answers to all 
such questions relating to the appropriation of money 
raised in the town, the studies pursued in the schools, 
the books used, the methods of instruction and disci- 
pline adopted, the condition of the school-houses, and 
such other subjects relating to the schools as shall, from 
time to time, be proposed by the board of education, 
by direction of the governor and council. Ibid., sec. 3. 

4. No town from which such returns shall not have 
been received by the secretary of state on or before the 
first daj^ of April, shall be entitled to receive its por- 
tion of the literary fund for that year 5 and such por- 
tion of the fund shall be distributed among the towns 
entitled to receive the same, unless, before the third 
Tuesday of June following, it shall be made to appear 
to the governor and council that the neglect to make 
return was occasioned by some mistake or accident ; 
provided^ the secretary of state shall have notified the 
selectmen of such town, by the first day of May, that 
said return has not been received by him, and unless 
the said return shall be thereupon made to the secre- 
tary of state by the twentieth of the same month. 
Ibid., sec. 4. 

5. The superintending school committee of any town, 



282 COMMISSIONERS OF COMMON SCHOOLS. 

neglecting to make a return of the schools of said 
town to the secretary of state agreeably to the provi- 
sions of this chapter, shall be responsible to said town 
for the amount of the literary fund forfeited through 
his negligence. Laws of 1851, ch. 1102, sec. 1 ; G. S. 
ch. 82, sec. 5. 

6. It shall be the duty of the county commissioners 
to spend not less than one day in each town of his 
county each year, for the purpose of promoting, by 
addresses, inquiries and other means, the cause of com- 
mon school education, and to report his doings to the 
secretary of the board of education. It shall also be 
the duty of each county commissioner to take charge 
of any teachers' institute that may be held in his coun- 
ty. Laws of 1850, ch. 955, sec. 5 ; C. S. ch. 82, sec. 6. 

6,(2. It shall be the duty of the several commissioners 
of common schools in this State, on or before the fourth 
Tuesday of May, in each year, to report to his excel- 
lency the governor and the honorable council, a state- 
ment in detail of any and all moneys by them received 
and disbursed by virtue of said office, and in pursuance 
of their duties thereof Laws of 1854, ch. 1542. 

6,6. The commissioners of common schools shall re- 
port to the legislature, annually, during the first w^eek 
of its session, the sum of money received by them from 
each and every town in their respective counties for 
the support of teachers' institutes, and the manner in 
which they have expended the same, specifying to 
whom paid and for what purposes, and the balance re- 
maining in their hands, and this report shall be incor- 
porated with their annual report and published with 
the same. Laios of 1857, ch. 1968, sec. 1. 

6,c. No such money shall be appropriated by said 
commissioners for their own compensation, for taking 
charge of said institutes, or teaching the same. Ibid., 
sec. 2. 

6,(i. Each of said commissioners shall pay over to 
his successor, or deposit with the county treasurer, to 
be paid to the new commissioner, on demand, the bal- 
ance of all money received by him for the support of 
institutes, remaining in his hands unappropriated. Ibid., 
sec. 3. 



COMMISSIONERS OF COMMON SCHOOLS. 283 

6ye. It shall be the duty of the several commissioners 
of common schools in this State to commence their ser- 
vices as such^ on or before the first Monday of Decem- 
ber. JOaws of 1855, ch. 1673. 

7. That the board of education shall annually, in the 
month of June, through their secretary, make to the 
G-eneral Court a report upon the common schools in 
the State, comprising the substance of the returns from 
the several towns, and such information and sugges- 
tions as may seem useful to said board ; and the secre- 
tary of the said board shall procure, at the expense of 
the State, the printing of five hundred copies of the 
report, and lay them before the General Court, to be 
disposed of at their discretion, and shall procure, annu- 
ally, the printing of an additional copy of said report 
for the use of each town, ward, and unincorporated 
place in the State, having ten or more legal voters 
therein. JOaws of 1858, ch. 2109. 

8. Any town in this State, at a legal meeting for 
that purpose, may raise, in addition to the amount by 
law required to be raised therein for the support of 
common schools, a sum not exceeding five per cent, of 
such amount, to be applied to the support of a teach- 
ers' institute within the limits of the county in which 
said town is situated. Jjaivs of 1846, ch. 838 ; G. S. ch. 
83, sec. 1. 

The tivo following resolutions have been passed in rela- 
tion to this subject : 

9. Mesolved, by the Senate, &c.. That a sum equal to 
three per cent, of the amount required by law to be 
raised for the support of common schools in each town, 
be appropriated by said town for the support of teach- 
ers' institutes in each county. Lavjs of 1851, ch. 1156 ; 
G. S. ch. 83, sec. 2. 

10. Resolved, That the selectmen of each town in 
this State be authorized to pay over to the school com- 
missioner of their county the sums by law required to 
be appropriated by said town for the support of teach- 
ers' institutes. Laws of 1852, ch. 1326 ; G. S. ch. 83, 
sec. 3. 



TITLE YL 



OF PAUPEES AND THE PEEVENTIOJST OF 
PAUPEEISM. 

Chapter 43. Of the settlement of paupers. 

Chapter 44. Of the support and disposal of paupers. 

Chapter 45. Of paupers not chargeable to any town or 
person in this State. 

Chapter 46. Of the maintenance of bastards. 

Chapter 47. Of the guardianship of spendthrifts and 
insane persons. 

Chapter 48. Of the duty of selectmen relative to ap- 
prentices and insane persons. 



CHAPTER 43. 



OF THE SETTLEMENT OF PAUPERS. 



1. Settlements, how gained. 
I. By marriage. 
II. By legitimate birth. 

III. By illegitimate birth. 

IV. By taxation. 

V. By admission or office. 

VI. By incorporation. 

VII. By union of towns. 

VIII. By division of towns. 

IX. By change of lines. 

X. By residence. 



2. No settlement by birth, unless. 

3. Nor unless under an act since 

December 31, 1795. 

4. Settlements, when lost. 

5. Settlements, how changed by 

law. 

6. Acts of January 1, 1796, and 

December 25, 1816. 

7. Act of December 16, 1828. 

8. Who may gain settlements. 

9. Judgment of settlement final. 



1. A legal settlement may be gained by any person 
in any town, so as to oblige such town to support such 



SETTLEMENT OF PAUPERS. 285 

person, if poor and unable to support himself, in the 
manner following, and not otherwise : 

I. A married woman shall have the settlement of 
her husband, if he has or shall acquire any within 
this State ; otherwise, her settlement at the time of 
her marriage shall continue. 

To this class of cases the following rules and decis- 
ions are applicable : 

^^Any persons cohabiting and acknowledging each 
other as husband and wife, and generally reputed to 
be such, for the period of three years, and until the 
decease of one of them, shall be deemed, after such 
decease, to have been legally married.^^ R. 8. ch. 149, 
sec. 11 ; 0. S. ch. 158, sec. 19. In all other cases there 
must be proof of a marriage which was legal according 
to the statutes in force when the marriage was con- 
tracted. 

When a marriage takes place between a female pau- 
per of one town and a male pauper of another town, 
the settlement of the female is changed to the latter 
town, if the paupers entered into the marriage con- 
tact w^ithout force, fraud, bribery, or any undue influ- 
ence on the part of the former town. 2 I^. H, B. 263. 
And the marriage would be valid and the settlement 
changed, even though it was procured by the select- 
men, with the intention of changing the settlement ; 
but in such case the selectmen might be liable to an 
indictment therefor. Ibid. 

A marriage, solemnized by a person acting as a 
magistrate or a minister, though the parties may be 
liable to a penalty for not conforming to the statute 
regulations, is still valid. 2 N. S. B. 268. 

A marriage within the degrees of consanguinity, or 
where the wife has a husband, or the husband a wife 
living, knowing such husband or wife to be alive, shall, 
if solemnized in this State, be incestuous and abso- 
lutely void, and the issue thereof illegitimate. B. S. 
ch. 147, sees. 1, 2, 8j B. S. ch. 148, sec. 1 ; C. 8. ch. 156, 
sees. 1, 2, 3 ; ch. 157, sec. 1. And no settlement can be 
gained thereby. 4 Greenleaf B. 292. 

The marriage of a woman with a man who is non 



286 SETTLEMENT OF PAUPERS. 

compos, is not valid so as to change her settlement. 
He is not competent to make any contract. 12 Mass, 
B. 365. But if a man marries a woman who is non 
compos, he being able to contract lawfully, her settle- 
ment will be changed. 

It is immaterial whether the marriage was solem- 
nized in this State or not. If the husband has a settle- 
ment in this State, the wife gains one thereby. 9 
Mass. R. 202. 

A settlement acquired by marriage is not lost by di- 
vorce, unless the cause of divorce is one which shows 
that the marriage never was valid. 9 Mass. JR. 203. 
But a divorce destroys every settlement which is only 
partially acquired. 13 Maine JR. 225. 

The husband and wife are competent witnesses to tes- 
tify concerning their own marriage. 3 Pick. JR. 293. 

The wife gains no settlement by residing with her 
husband, unless he gains a settlement — 1 Greenleaf B. 
196 ; nor can she acquire a settlement distinct from 
that of her husband. Ibid, 

If the husband does not reside in a town long enough 
to gain a settlement, and dies, his widow can not ac- 
quire a settlement by residing there during the space 
within which, if the husband had lived, he would have 
gained a settlement. 15 Maine JR. 434. 

The settlement of the wife follows that of the hus- 
band, until a divorce is decreed, though he has aban- 
doned her, and they live separate — 13 Maine JR. 225 ; 
and though the husband is married to and living with 
another woman. Ibid. 

II. Legitimate children shall have the settlement 
of their father, if any he has within this State; other- 
wise, the settlement of their mother, if any she has, 
until they gain a settlement of their own. 

The following rules and decisions apply to this head : 

Legitimate children follow the settlement of their 
father, until they are emancipated. 3 iV^. H. B. 316. As 
a general rule, they shall be considered as emancipated 
at the age of 21 years. But when they are compelled 
to remain longer with a parent on account of infirmity 
of body or mind, so long as they so remain they are not 



SETTLEMENT OF PAUPERS. 287 

to be considered as emancipated. 3 iV. H. R. 331. It is 
not necessary that the person should be wholly depriv- 
ed of reason, or actually confined to his bed by sick- 
ness. It is enough if the state of his health is such 
that it is fit and proper that he should remain under 
the care of his parent. Ibid. ; 3 G-reenleaf E. 388. 

A minor is not emancipated by going to reside with 
a stranger, under a contract between the father of the 
minor and the stranger that he shall continue with him 
until he is 21 years of age. 3 N. H, R. 472. Nor by 
being '' given away/^ and not residing with her parents. 
5 N. R. R, 348. 

The presumption of law is, that all persons over 
twenty-one years of age are emancipated, and all un- 
der that age are not emancipated, until the contrary is 
proved. 6 N, H. R. 166. 

A child not emancipated follows the settlement of 
the father, whether residing in his family or not. 5 
JSf. H. R. 348. But if more than twenty-one years of age, 
the rule is otherwise. Ihid. He is presumed to be 
emancipated although residing with his parents. 4 
Mass. R. 496. 

The marriage of the parents, and that the pauper is 
the issue of the marriage, must be proved ; but when 
the latter is proved, slight evidence of the former will 
be sufficient. 8 N. R. R. 534. 

A daughter under twenty-one years of age is eman- 
cipated by marriage — 13 Mass. R. 469 ; but a son un- 
der that age is not so emancipated. 15 Mass. R, 203. The 
reason is, that the settlement is derived from the hus- 
band, (not the wife) and he must be of age to acquire 
one. 

If the father has a settlement in this State, and dies, 
his legitimate minor children retain that settlement un- 
til they gain one for themselves, even if their mother 
marries again, or acquires a new settlement in any other 
way. But if the father has no settlement in this State, 
the settlement of the legitimate minor children will fol- 
low that of the mother as often as she gains a new one, 
by marriage or otherwise. 1 Fick. R. 198 ; 4 Greenleaf 
R. 4c7 } 7 G-reenleaf R. 90. The rule as to illegitimate 
children is different. 3 N. H. R. 316 ; 5 Greenleaf R. 123. 



288 SETTLEMENT OF PAUPERS. 

A person becoming non compos after coming of age 
does not follow the settlement of his father. 3 Pick. B. 
173. And he may gain a settlement by owning prop- 
erty to the amount required by law. 15 Mass. B. 237. 

It was held in Maine that if an alien married there, 
and then left the State and his family, without any in- 
tention of returning, but afterwards tried to induce his 
child to go and live with him out of the State, that the 
child was not emancipated so as to gain a settlement 
in his own right while a minor. 4 Greenleaf B. 292. 

The illegitimate non compos child of a non compos 
mother, in Maine, is considered as emancipated. 5 
Greenleaf B. 123. 

A minor emancipated may gain a settlement. 3 
Greenleaf B. 220. 

III. Illegitimate children shall have the settlement 
of their mother at the time of their birth, if any she 
has within the State. 

The following rules and decisions apply to this head : 

Illegitimate children do not follow the settlement of 
their mother, but retain the settlement which their 
mother had at the time of their birth, until they gain 
a new one for themselves. 3 N. H. B. 316. 

The illegitimate non compos child of a non compos 
mother, in Maine, is considered as emancipated for all 
the purposes of the act concerning the settlement and 
support of the poor. 5 Greenleaf B. 123. 

An illegitimate child, when emancipated, can gain a 
settlement, but not until emancipated from the control 
of the mother, as a natural guardian. 1 Fairfield B. 
356. But living with the putative father, and his ex- 
clusive support and control of the child for sixteen 
years, does not emancipate ; nor the marriage of the 
mother and her removal to another town ; nor the 
mother becoming a pauper herself Ibid, 

There is no distinction between legitimate and ille- 
gitimate minor children, as to their power to acquire a 
settlement in their own right. 2 Fairfield B. 458. See 
cases under the preceding head. 

The marriage of theparents of an illegitimate child, 
subsequent to its birth, will not render the child legiti- 
mate. For all legal purposes, as its settlement, it is 



SETTLEMENT OE PAUPERS. 289 

still a bastard. 1 JV. H. B, 261. But this does not 
apply to a child born during wedlock, though begotten 
before. 

IV. Any person of the age of twenty-one years, 
having real estate of the value of one hundred and 
fifty dollars, or personal estate of the value of two 
hundred and fifty dollars, in the town where he dwells 
and has his home, and paying all taxes duly assessed 
on him and his estate, for four years in succession, shall 
thereby gain a settlement in said town. 

The following decisions and rules apply to this head : 

The ^' real estate'^ must be '^ at least^^ an estate of 
freehold (for life) either by lawful title or by disseizin. 
1 N. K. B. 62. The freehold of a husband in the estate 
of his wife is sufiicient. 4 Mass, B. 384. A right in 
equity to redeem real estate, is ^'real estate^' within 
this statute, but the equity must be worth $150. 2 
JSr, H. B, 401 ; 11 N. H. B. 571. The interest of the 
pauper in the real estate, whatever it was, must have 
been of the value of $150. 8 iV. H. B. 124. But an 
equitable interest in land is sufiicient. 11 N, H. B. 573. 

It is not necessary that the estate should be taxed 
" four years in succession,^^ but only that all the taxes 
which are assessed upon it shall be paid. 3 N. H. B, 
349. If a tax is abated, no settlement is gained. 5 
Mass. B. 430. Nor if the tax is not paid because the 
collector neglects to collect it, and the person is able to 
pay. 20 Pick, B. 345. 

And it is necessary that the person should dwell and 
have his home in the town four years in succession, and 
have real or personal estate of the amount above spec- 
ified during the whole of said four years. 3 N. H. B. 
381. And the four years must all be subsequent to 
January 1, 1796. Sec. 3 ; 1 Pick. B. 154. But a tem- 
porary absence, without an intention to change his res- 
idence, will not prevent a settlement. 7 Mass. B. 1. 

It is for the town setting up the residence and pay- 
ment of taxes, to prove that the taxes have been paid. 
10 Pick. B. 378. 

For the meaning of '^ dwells and has his home,'^ see 
14 



290 SETTLEMENT OF PAUPERS. 

ch. 9 ; also the cases cited under the sixth and eighth 
heads of this section. 

V. Any person, admitted an inhabitant by any 
town at any legal meeting, in the warrant for which 
an article for the purpose shall be inserted, or who shall 
be chosen and shall actually serve one year in the office 
of clerk, treasurer, selectman or overseer of the poor 
therein, shall thereby gain a settlement in such town. 

The following rules and decisions may be applicable : 

A person who was chosen to an office by the town, 
and accepted it, but, before the expiration of the year 
for which he was chosen, removed to another town, 
was held not to have gained a settlement thereby in 
the town where he was so chosen. 2 N. H. B, 295. 
So if he was committed to prison within the year. 12 
Mass. E, 262. 

Such officer must be proved to ha^ve been legally 
chosen, at a legal meeting of the town, and legally 
qualified. See ch. 4. But the record of the choice of 
a person to an office, and proof of his service in said 
office for one year, is evidence from which a jury may 
infer that the meeting at which the officer was chosen 
was legally holden, after thirty-nine years. 9 iV. JI. B, 
369. 

The year intended is the municipal year, or the year 
immediately following the election — 10 i\^. H. B. 567; 
12 Mass. B. 262 ; or during the year succeeding the 
day on which his term of office commences, if this is 
subsequent to the election. Ihid. 

It is not necessary that the officer should be called 
on to perform any duty, but he must be in a situation 
to serve, or capable of serving during the whole year. 
10 N. R. B. 567 ; 12 Mass. B. 262. • 

An occasional absence, however, or a disability to 
perform any particular act in his office, caused by sick- 
ness or otherwise, will not prevent a settlement — 
Ihid. ; but long continued sickness might perhaps pre- 
vent. Ihid. 

As, if A. be elected at the annual meeting, and three 
days before the next annual meeting removes from 
town without any intention of returning, he gains no 



SETTLEMENT OF PAUPERS. 291 

settlement, even if he leaves his family, and does, after 
a time, actually return. Ibid. 

VI. Any person dwelling and having his home in 
any unincorporated place at the time when the same 
shall become incorporated into a tow^n, shall thereby 
gain a settlement therein. 

The following rules and decisions apply to this head : 

Places not incorporated arc not liable for the support 
of paupers, and no person can gain a settlement in such 
place. But the act of incorporation gives to every 
person, having a " home^' in such place at that time, a 
settlement therein. 4 N. H. B. 86. 

And his " home^^ may be in such place, and he gain a 
settlement thereby, though absent from the place, if 
his absence is only for a temporary purpose. 3 Greeyil, 
JR. 390. See ch. 9, as to what constitutes a "home.^^ 

It is held in Maine than an alien gains no settlement 
by dwelling in a town at the time of its incorporation. 
1 Greenleaf U. 196. 

Whoever removes into a place with the intention of 
remaining there an indefinite time, thereby establishes 
his home in such place. 13 Maine JR. 225. 

A person who is a resident of the territory incorpo- 
rated as a town at the time of its incorporation, gains 
a settlement, though no meeting of the town is held 
before his removal. 3 Fogg R. 266. 

VII. If two or more towns shall be incorporated into 
one town, any person having his settlement in either of 
such towns, shall have his settlement in the town so in- 
corporated. 

This refers solely to the union of incorporated places, 
or " towns.'-' If one of the places is unincorporated, the 
corTSequence, however, is the same under the sixth mode 
of gaining a settlement by incorporation. 

It is immaterial whether the pauper resides in either 
town at the time of the union or not ; if he has a set- 
tlement in either, it is sufficient. 

VIII. Upon the division of any town, any person 
having his settlement therein shall thereafter have his 
settlement in that town in which his last dwelling- 
place shall have been. 



292 SETTLEMENT OE PAUPERS. 

The following rules and decisions apply to tins head : 

A female emancipated may have a ^^ home'^ in a town, 
so as to gain a settlement in this mode^ by residing 
seven years. 1 iV. K. B. 194. Her home is where she 
labors. Ihid. 

By '^ dwelling -place' ^ may probably be understood 
^^ home.^^ This head refers not only to the case where 
one town is divided into two towns^ but also the case 
where a part of a town is set off to another town. 

A pauper^ supported by a town which is divided, and 
residing in that part of it which is incorporated into a 
new town, gains no settlement in the new town ; he 
has no ^^ home'' in such new town, within the meaning 
of the statute, because he is a pauper, and under the 
control of others. 3 N, H, B. 71. 

The pauper must have his settlement in the town at 
the time of the division ; but it is not material whether 
he then resides in the town or not. 19 Pick. B, 426 ) 
Greenleaf B. 390. 

By the act of Dec. 16, 1828, upon any division of a 
town, the settlement of persons then resident elsewhere, 
but having a legal settlement in the town divided, fol- 
lowed their former dwelling-place ; if those were dis- 
severed and annexed to another town, their settlement 
was thereby transferred to that other town. 1 Fogg B. 
245. 

Within the meaning of that act, a town was divided 
whenever a portion of it was separated from the rest, 
whether the severed portion were incorporated into a 
new town or annexed to an old one. 1 Fogg B. 245. 

IX. If the dwelling-house, or home, of any person 
residing, but having no settlement in any town, shall, 
by act of law, fall within the limits of any other tat\ai, 
such person shall acquire a settlement in such last 
named town, in the same time and manner as he would 
have done in the former town if no such change had 
taken place. 

The two preceding paragraphs refer to cases where 
the pauper has gained a settlement ; this paragraph 
refers to those cases where the settlement is not com- 
plete, but where the person is in the way of gaining 



SETTLEMENT OP PAUPERS. 293 

one; and provides that the change of limits or name 
of the town in which he lives shall not prevent his 
gaining a settlement in the new town into which the 
law transfers him. 

The legislature^ however^ may control or change this 
rule, by different provisions in the act altering the 
limits of the town, and may leave the settlement of 
paupers as they think proper. 

X. Any person of the age of tvf enty-one years, who 
shall have resided in any town in this State, and, being 
taxed for his poll seven years in succession, shall have 
paid all taxes legally assessed on his poll and estate 
during said term, shall thereby gain a settlement in 
such town. M. S. ch. 65, sec. 1 ; C. S. ch. 69, sec. 1. 

The folio w^ing rules and decisions apply to this head : 

To gain a settlement in this mode, the person must be 
'^ taxed for his poll seven years in succession/' and pay all 
the taxes on his poll and estate. If the selectmen omit 
to tax him a single year for his poll, he gains no settle- 
ment. 3 N. H. B. 203 ; d JSr. H. B. 573 ; 7 Greenl. B, 
363. The object is to give the town an opportunity to 
prevent a settlement being gained, and the selectmen 
may omit to tax a man for his poll for this purpose. 4 
N. H. i^. 48 ; 9 N. H. B. 573. Having an estate of less 
amount than the law requires, and paying taxes on it 
seven j^ears, is not sufficient. Ihid. 

By the w^ords, " resided in any town/' is probably un- 
derstood, dioelt ayid had his home. The seven years^ res- 
idence must be uninterrupted; any absence, however 
short, with the intention of changing the residence, will 
prevent the gaining a settlement. 11 Mass. B. 394. 
And so if during that time the person is supported as a 
pauper, and the expenses thereof are paid by the town 
in which his settlement then was. 13 Mass. B. 460. So 
if committed to jail, and relieved as a pauper by the 
jailer. 12 Pick. B. 1. 

Eut if a tax is abated, he will not gain a settlement. 
5 Mass. B. 430. Nor if it is not collected by reason of 
the neglect of the collector. 20 Fick. B. 345 ; nor if the 
tax is discharged by vote of the town. 19 Pick. B. 389. 
]^or if a note be given for it, unless the note is paid, 



294 SETTLEMENT OF PAUPERS. 

even if agreed to be taken in payment. Actual pay- 
ment of the tax must be proved. 10 JSf. H. M. 505. 

If a person is taxed seven years in succession^ and 
does not pay the taxes of each year^ he does not gain 
a settlement^ though the tax unpaid be illegal. If the 
illegal tax is void, there is a failure to be taxed; if only 
voidable, a failure to pay; though if part of the tax is 
legal, it is enough to pay that part. 3 Fogg M. 266. 

A settlement will be gained by such residence and 
taxation, although the wife of the person has been, dur- 
ing the seven years, supported as a pauper in another 
town, if it was done without his knowledge or request, 
or any demand and refusal of payment of such expenses 
by him. 19 Fick. M. 480 ; or though his wife and chil- 
dren have resided during the seven years in another 
State, and he has occasionally visited them there. 13 
Mass. B. 501. 

For a pauper to gain a settlement under the eighth 
mode prescribed by the act of December 16, 1828, and 
the tenth mode prescribed by the Eevised Statutes, ch. 
65, sec. 1, (0. 8. ch. 69) requiring that all taxes legally 
assessed shall be paid, it must be shown that the w^hole 
tax was actually paid. 1 Foster B. 319. 

When a pauper was assessed the sum of three dollars 
and three cents, and it appeared that the collector of 
taxes received of the pauper three dollars in full pay- 
ment of the tax, and so agreed with the pauper — lieM, 
that the rights of the town could not be aifected by 
such an agreement ; that the loliole tax was not paid, 
and that no settlement was gained. 1 Foster B. 319. 

2. No person shall gain a settlement by birth in any 
town in which neither of his parents then has a settle- 
ment. B. S. ch. 65, sec. 2. 

3. 1^0 towai shall be liable for the support of any per- 
son, unless he, or the person under whom he derives his 
settlement, shall have gained a settlement therein 
under some law passed since the thirty-first day of 
December, A. D. 1795. Ibid., sec. 3. 

The laws passed since December 31, 1795, are the 
acts of January 1, 1796, December 25, 1816, December 
16, 1828, and the Eevised Statutes. The w^arning out 
laws are repealed, and all settlements gained under 



SETTLEMENT OF PAUPERS. 295 

them. The only question is, whether the pauper, or 
the person under whom he derives his settlement, has 
gained his settlement under one of these four statutes. 
Prior to the statute of January 1, 1796, an illegiti- 
mate child had its settlement at the place of its birth, 
and could not acquire a new settlement by a residence 
in another town, while under the age of seven years. 
11 JSr, H. B. 134. 

4. Every settlement shall continue until a new set- 
tlement is gained in this State, and upon gaining such 
new settlement any former settlement shall be lost. 
Ibid. J sec. 4. 

When a person has once gained a settlement in this 
State, it is not lost by gaining another settlement in 
another State. 2 N. H, B. 131 ; 14 N, H. B. 382. And 
the right of settlement may be transmitted to his chil- 
dren born in such other State, so as to avail them on 
their return within this State, where a settlement had 
been previously here gained by the father. 8 N. S. B. 
532. But is such right transmitted to the wife, mar- 
ried to him while residing in such other State, and not 
returning to this State during his life ? 

No person can have two settlements in this State at 
the same time. 1 Pick, B. 153. 

5. A general law, whose operations may change the 
existing settlements of paupers, is not unconstitutional. 
2 N. B, B. 102. 

6. The act of January 1, 1796, is as follows. It is 
the same, substantially, as sections 1, 2 and 4, of this 
chapter, except the fifth mode of gaining a settlement. 

^' Legal settlements in any town or district within 
this State shall be hereafter gained, so as to oblige 
such town or district to support the persons gaining 
the same, if they become poor and unable to support 
themselves, by the ways and means following, and not 
otherwise : 

I. A married woman shall have the settlement of 
her husband, if any he have within this State ; but if 
otherwise, her own, if any she had at the time of her 
marriage, shall not be lost or suspended by such mar- 
riage, unless she shall have gained a legal settlement 
elsewhere ; but in case no such settlement shall be by 



296 SETTLEMENT OF PAUPERS. 

her obtained after such marriage ; and in case she shall 
become poor and be supported at the cost and charge 
of the town or district of her settlement at the time of 
such marriage, the husband being poor and needing re- 
lief, he shall be provided for and supported in the same 
town or district, but at the charge of the State. 

II. Legitimate children shall have the settlement of 
their father, if he shall have any such within this State, 
until they gain a settlement of their own ; but if he 
shall have none, they shall have the settlement of their 
mother, if she shall have any. 

III. Illegitimate children shall have the settlement 
of their mother at the time of their birth, if she shall 
have any wathin this State ; but neither legitimate nor 
illegitimate children shall gain a settlement by birth in 
any place where they may be born, if neither of their 
parents shall then have a settlement there. 

IV. Any person, of twenty-one years of age and up- 
ward, having real estate of the value of one hundred 
and fifty dollars, or personal estate of the value of two 
hundred and fifty dollars, in the town or district where 
he dwells and has his home, and shall for the term of 
four years pay all taxes duly assessed on his poll and 
the estate aforesaid, shall thereby gain a settlement in 
such town or district. 

Y. Any person who shall be admitted an inhabitant, 
by any town or district at a legal meeting, in the war- 
rant for which an article shall be inserted for that pur- 
pose, or shall be chosen and actually serve one year in 
the ofiice of clerk, treasurer, selectman, overseer of the 
poor, assessor, constable, or other town officer liable to 
be fined for not accepting his office, being duly elected 
thereto in any town or district within this State, shall 
thereby gain a settlement in said town or district. 

VI. All persons dwelling and having their homes in 
any unincorporated place in this State at the time when 
the same shall be incorporated into a tow^n or district, 
shall thereby gain a settlement therein. 

VII. Upon division of towns or districts, every per- 
son having a settlement in either of them, but being 
removed therefrom at the time of such division, and not 
having gained a settlement elsewhere, shall have his 



SETTLEMENT OF PAUPERS. 297 

settlement in that town or district wherein his former 
dwelling-place or home shall be upon such division. 
And when any new town or district shall be incorpo- 
rated, composed of one or more old incorporated towns 
or districts, all persons settled in the town or towns, 
district or districts, of which such new town or dis- 
trict is composed, and who shall actually dwell and 
have their homes within the limits of such new town 
or district at the time of its incorporation, shall there- 
by gain a settlement in such new town or district. 

Provided, nevertheless^ That no person residing in that 
part of any town or district, which, upon such division, 
shall be incorporated into a new town or district, hav- 
ing then no settlement therein, shall gain any by force 
of such incorporation; nor shall such incorporation 
prevent his gaining a settlement therein, within the 
time and by the means by which he would have gained 
a settlement there if no such division had been made. 

VIII. Any person, of the age of twenty-one years, 
who shall hereafter reside in any town or district with- 
in this State, and, being taxed for his poll for the term 
of seven years, shall pay all taxes legally assessed on 
his poll and estate during the said term, shall be an in- 
habitant in said town or district. 

And every legal settlement heretofore gained, or 
which shall be gained by force of this act, shall con- 
tinue until lost or defeated by gaining a new one ; and 
upon gaining a new settlement, all former settlements 
shall be lost.^' 

The officers mentioned in paragraph 5, ^mahle to 
he fined for not accepting office/^ beside those specified, 
were ^^ firewards, surveyors of highways, tithingmen, 
fence-viewers, clerk of the market, sealers of leather, 
sealers of weights and measures, hogreeves, corders of 
wood, surveyors of lumber, cullers of staves, field 
drivers, and every other town officer that the law 
directs, or that may be necessary for managing the 
affairs of the town. 

Paragraph 5 of that act continued in force until 

December 25, 1816, when it was repealed, and since 

that time a settlement by being chosen into office 

could be gained only by holding the offices of select- 

14* 



298 SUPPORT AND DISPOSAL OF PAUPERS. 

man^ overseer of the poor^ town-clerk^ or treasurer, as 
is now provided. Tlie rest of the act of January 1, 
1796, remained in force and unaltered. 

" District '^ in that act means an incorporated place, 
4 iV". H. B. 89. The rules before cited apply to the 
corresponding provisions of this act. 

7. The act of December 16, 1828, is almost literally 
the same as that of January 1, 1796. 

8. By the words, ^^any person,^^ in this chapter, are 
meant such persons as are legally capable of gaining a 
settlement only. 1 Greenlea.f JR. 93. Persons 7ion cora- 
pos are not capable of gaining a settlement by any 
mode requiring an act of volition on their part, but 
may gain a settlement in any mode which requires no 
such act. 3 Greenleaf B. 220. Aliens can not acquire 
a settlement in Massachusetts. 16 Mass. B. 230. But 
incipient insanity does not incapacitate a person for 
gaining a settlement. 3 JPick. B. 173. 

9. When the settlement of a pauper is once deter- 
mined by a judgment of the court in a suit between 
two towns, it will be conclusive as between those 
towns. 4 Mass. B. 180, 273, 



CHAPTER 44. 



OF THE SUPPORT AND DISPOSAL OF PAUPERS. 



1 . Poor farm may be purchased. 

2. Officers and regulations. 

3. Paupers to be supported. 

4. Paupers, how bound out. 

5. Children, how bound out. 

6. Contracts, how to be made. 

7. Paupers to be buried, how. 

8. Relations, when liable. 

9. Expenses recovered, when. 
10. Notice to be given, how. 



10,a. Notice signed by selectmen 
is good. 

11. Service of notice, how made. 

12. Notice returned to court. 

13. Notice good, how long. 

14. Limitation of actions. 

15. Actions transferred, when. 
15,6. Unincorporated places not 

liable. 
15,c. Town claiming land, liable. 



SUPPORT AND DISPOSAL OF PAUPERS. 



299 



23. Who is a pauper. 

24. No recovery back, when. 

25. Form of indenture in sec. 4. 

26. Form of indenture in sec. 5. 

27. Form of notice in sec. 10. 

28. Power of selectmen to bind 

out. 



16. Duties of selectmen and 

towns. 

17. Liability of towns. 

18. Notice, what is sufficient. 

19. Town liable on contract. 

20. Authority of selectmen. 

21. Liability of parents. 

22. Liability of relations. 

1. Any town may purchase or hold lancls^ and may 
purchase or erect all buildings and furnish all means 
which may be necessary for the accommodation, sup- 
port and employment of the poor within said town ; 
and at any legal meeting may raise so much money as 
may be necessary for said purposes, and for managing 
and keeping such property in repair. M, S. ch. 66^ sec. 
2; 0. S^ch. l^.sec. 2. 

Unincorporated places have no authority to raise 
money for the support of paupers. 4 N. H. R. 93. 

2. The town may appoint all necessary officers for 
the management of such property, and establish neces- 
sary by-laws and regulations for the government of its 
inmates, provided that no punishment shall exceed that 
allowed in the house of correction of said town. Ihid,, 
sec. 3. 

3. When any person in any town shall be poor and 
unable to support himself, he shall be relieved and 
maintained by the overseers of the poor of such town, 
whether he has a settlement in such town or otherwise. 
Ihid., sec. 1. If no overseers of the poor are chosen by 
the town, the selectmen are required to act in that ca- 
pacity. See ch. 4, sec. 4. For the provisions relative 
to the insane, see ch. 48. 

4. The overseers of the poor in any town may, by 
written contract, bind out to labor, for a term not ex- 
ceeding one year, or employ in their work-house, every 
person residing in such town who lives idly and pur- 
sues no lawful business, and who is poor and stands in 
need of relief, or whose family, standing in need of re- 
lief, is supported by such town, and shall take the 
wages and appropriate the same to the maintenance of 
such person, his family or children. Ibid., sec. 4. 

5. Said overseers may set to work in the work-house 
or elsewhere, or bind out, as apprentices, all children 



300 SUPPORT AND DISPOSAL OP PAUPERS. 

residing in their respective towns who are not employ- 
ed in some lawful business^ and whose parents are un- 
able or neglect to maintain them. The males may be 
bound out until they arrive at the age of twenty- 
one years, and the females until they arrive at the age 
of eighteen years. Ibid., sec. 5. 

6. Such contract shall be in writing ; shall be made 
equitably, and as much as may be for the interests of 
the persons bound out, and shall provide that they 
shall be instructed to read, write and cypher, and to 
do such work and business as is suitable to their condi- 
tion. The overseers shall inquire into the usage of all 
persons so bound out, shall see that said contract is 
fulfilled, and that all wrongs or injuries are redressed, 
and the rights and obligations of such master and ap- 
prentice shall be the same as in the case of other ap- 
prentices. lUd., sec. 6. 

For the powers and duties of masters and appren- 
tices, and of the overseers of the poor in such cases, 
and forms of proceedings, see ch. 48. 

7. If any pauper shall die in any town in this State, 
having a settlement in such town or otherwise, the 
overseers of the poor shall cause such person to be de- 
cently buried at the expense of the town. Ibid., sec, 7. 

8. The relations of any poor person in the line of 
father or grandfather, mother or grandmother, children 
or grandchildren, of sufficient ability, shall be liable to 
maintain such person when standing in need of relief. 
If such person has no such relations of sufficient ability, 
the town wherein such person has a legal settlement 
shall be liable for his support. Ibid., sec. 8. 

An insane mother, who is herself a pauper, is under 
no obligation to support a minor child, nor entitled to 
his earnings. 15 N. H, B. 486. 

9. If any town in this State shall expend any sum 
for the support and burial, as aforesaid, of any poor 
person having a settlement in some other town in this 
State, or having any relation of sufficient ability, such 
sum may be recovered of the town or person so charge- 
able by law with the support of such poor person. 
Ibid. J sec. 9. 

10. No action shall be sustained against any town 



SUPPORT AND DISPOSAL OF PAUPERS. 301 

or person chargeable as aforesaid^ unless a notice in 
writing, signed by the overseers of the poor, stating 
the sums so expended, shall first have been given to 
such town or person. Ibid., sec, 10. 

10,a. A notice, signed by selectmen as such, of sup- 
plies furnished to a pauper, is sufficient, vrithout saying 
overseers of the poor, if no overseers were chosen. 3 
Fogg E. 266. 

11. Such notice shall be served upon such town by 
the sheriff or his deputy, by leaving an attested copy 
thereof and of his return thereon, with one at least of 
the selectmen or overseers of the poor, and with the 
clerk of such town, and upon any person chargeable 
as aforesaid, by giving him, in hand, or leaving at his 
usual place of abode, a like copy. Ibid., sec. 11. 

12. The officer making such service shall, within 
twenty days thereafter, make a return of the original 
notice, with his doings thereon, to the clerk of the 
court of common pleas in the county in which the 
town or person chargeable may be, and shall receive 
the same fees for his travel and service as by law are 
allowed for serving writs. Ibid., sec. 12. 

13. Such notice shall be sufficient for all sums so 
expended within ninety days previous to such service^ 
and for any sums so expended within one year there- 
after. Ibid., sec. 13. 

14. No action aforesaid shall be sustained unless 
commenced within three 3^ears from the time of the 
service of such notice upon the town or j)erson chargea- 
ble, nor for any sum that may have been expended 
more than ninety days previous to such notice. Ibid., 
sec. 14. 

15. When any county, in which any action for the 
support of a pauper is pending, may eventually be 
liable for the support of such pauper under any law of 
this State, the court shall, on motion, transfer such 
action to an adjoining county for adjudication. Ibid., 
sec. 15. 

15,6. N'o action can be maintained by or against an 
unincorporated place for the support of paupers. 4 
N. H. B. 93. 

15,c. If a town claim that a certain tract of territory 



802 SUPPORT AND DISPOSAL OF PAUPERS. 

belongs to it, such town is liable to support the inhab- 
itants of such tract who may become paupers, whether 
the tract really belongs to such town or not. 2 JSf. H. 
B. 242. 

16. A town in which a jail is situate is bound to pro- 
vide for the support of paupers confined in such jail 
on civil process, whether such prisoner has a legal set- 
tlement in such town or not. 9 N. H. B. 107 ; 5 Mass. 
B. 244, 328. 

If the person applying for relief is ^^ poor and una- 
ble to support himself,^^ and ^^ stands in need of relief,'^ 
the selectmen are bound to relieve him. If they re- 
fuse to do so on application, they may be liable to an 
indictment. The chief question is as to the necessity of 
the person making application ; not as to the liability 
of other persons for his support. 

Application for relief should be made by the pauper, 
either personally or by some person authorized by him 
to apply, but need not be in writing. Such application 
should regularly be made to the overseers of the poor 
of the town in which the pauper is at the time he 
needs relief. 9 N. H. B. bb -, 7 N. M. B. 571. 

When the question as to the settlement of a pauper 
arises, the selectmen should first ascertain all the facts 
in the case, and what the law was at the time when the 
settlement is alleged to have been gained. By the law 
and the facts, as they then existed, the question of lia- 
bility is to be determined. After gaining all the in- 
formation in their power, and taking such legal advice 
as they think expedient, the selectmen must act ac- 
cording to their best judgment, and as if the case was 
their own. The support of a family of paupers is no 
small matter, however, and great care and deliberation 
should be used; but lawsuits should be avoided if prac- 
ticable. 

The manner of affording relief is of consequence. 
It should be so afforded as to relieve want, but not 
to encourage idleness and profligacy. Where the num- 
ber of paupers is sufiicient, a poor farm is the most 
economical and useful mode. In such case it is better 
generally to furnish assistance at the poor farm. But 
when tlie amount of assistance required is small, or in 



SUPPORT AND DISPOSAL OF PAUPERS. 303 

special cases, as of sickness, where a removal would be 
inexpedient or dangerous, relief should be furnished at 
the home of the applicant. Distress must not go un- 
relieved, whatever may have been its cause ; but the 
object of the law is to encourage the honest and de- 
serving pauper, and to discourage idleness and vice. 
This rule should guide selectmen in the discharge of 
their duties. 

17. "There is no moral obligation which binds a 
town to support its poor inhabitants. Our whole sys- 
tem of poor laws is founded upon the provisions of our 
statutes. Wo action can be maintained against any 
town for the support of a pauper unless it be given by 
statute. But we have no statute which gives an ac- 
tion to an individual against a town for the support of 
a pauper. Persons standing in need of relief are to be 
supported by the overseers of the poor in the town 
where they happen to be ; and in case they are not set- 
tled there, an action is given to such town against the 
town in which they have a settlement.^^ If the over- 
seers employ an individual to take care of the pauper, 
the town is liable — 1 N. H. B. 52 ; but no individual 
can recover against a town for any support tendered 
such poor persons, except on an express contract by 
the overseers of such town. 8 N, H. E. 290 -, 9 N. S. 
i?. 55; 10 IV. H. B, S52. 

'No person, on his mere individual responsibility or 
capacity, can sustain a claim against a town for relief 
to poor persons, where the overseers of the poor have 
improperly neglected to render such support, though 
such overseers are liable for such neglect of their offi- 
cial duty. 10 N. H. R, 352. In order to charge a 
town, the statute must be strictly pursued. 3 N. H. E. 81. 

A pauper, for whose support provision was made in 
the town of W., in which she had a settlement, went 
into the adjoining town of N. S., and there expenses 
were incurred for her support, although the pauper 
herself, the person with whom she resided in ]N^. S., and 
the town, all knew that a place was provided for her 
in W., to which she was able to walk without difficulty. 
Held, that N. S. could not recover of W. for those ex- 
penses. 2 PicJi. E. 341. 



304 SUPPORT AND DISPOSAL OF PAUPERS. 

Persons confined in jail on civil process may be pau- 
pers, and the town in which their settlement is, liable 
for their support. 9 iV. H. R. 107. So if confined in 
a house of correction, as idle and disorderly persons. 
12 Mass. B. 855. 

Towns are liable for reasonable expenses only ; not al- 
ways for sums paid, if extravagant. 15 Mass. B. 248. 

A town may be liable, though notice has been given 
to another town, and the sums stated in the notice re- 
covered of such town. 17 Mass. B. 432. 

A charge for the services of the overseers of the 
poor can not be recovered. 8 N. H. B. 144. 

Supplies furnished for the support of those who 
nurse a sick pauper may be properly regarded as sup- 
plies for the support of the pauper. 3 Fogg B. 266. 

It is not necessary to prove every item set out in 
the notice; but if a notice sets forth sums which were 
never paid or agreed to be paid, or sums larger than 
the true sums, the selectmen knowing the facts to be so, 
nothing can be recovered on such items. 8 iV^. H. B. 142. 

If a town, supposing itself liable for the support of a 
pauper, pays certain expenses incurred therefor, and 
afterward discovers that another town is liable, the 
amount so paid can not be recovered back of such other 
town. 12 Pick. B. 1. 

A pauper who has no settlement in this State is en- 
titled to be supported in and by the town in this State 
in which his wife, if any, has her settlement; and such 
town is liable to any other town which furnishes him 
assistance, but may recover ultimately of the county — 
11 iV^. H. B. 134 ; and this is so, even if the wife is able 
to support herself, and needs relief only because her 
husband is sick and requires her assistance. lUd. 

A town, not chargeable with the support of a pauper, 
agreed with a town by whom the pauper had been 
maintained, to pay for the future support for a specified 
time. In an action against the town where the pauper 
had a settlement — M(i, that such agreement was no 
answer to the suit. 

A town, not chargeable with the support of a pauper, 
paid to the plaintiff, by whom the pauper had been 
relieved, the sum expended for that purpose. In an 



SUPPORT AND DISPOSAL OF PAUPERS. 305 

action against the town where the pauper had a settle- 
ment — held^ that as the plaintiif had not been called 
upon to repay the sum expended, it could not be recov- 
ered of the defendant. 

If a pauper have not a settlement in a town^ the se- 
lectmen can not make the town chargeable therefor by 
their agreement w^ith another town to pay for his sup- 
port. 14 i7. ^. i^. 382. 

18. When a town relieves a pauper belonging to 
another town, in order to make the town to which the 
pauper belongs liable, notice of the sums expended 
must be given within ninety days from the time when 
the relief mentioned in the notice was afforded. 2 
N. H. E. 470. The ninety days run from the time the 
relief is furnished, and not from the time it is paid for. 
Ibid. If any part of the amount claimed in such notice 
was furnished more than ninety days before the service 
of the notice, it may destroy the whole claim. Ihid. 
[^Quere? See sec. 13 of this chapter.'] It is of no conse- 
quence whether the supplies furnished have been paid 
for by the town before the notice is given or not. 3 
jV. H. n. 291 ; 9 W. H. B. 369. 

The attorney for a defendant town may lawfully 
make an agreement to waive any defect of notice or 
service ; and if made in writing in court in term time, 
(or dated as if niade in term time, thus : Court of Com- 
mon Fleas: — Bockiiigham ss., February Term^ 1858, 
Town of A. vs. Town of B.) it will be enforced by the 
court. 2 N. H. B. 520. So also if made in the same 
manner by the selectmen. 3 N. H. B. 38. Eut if 
made by the selectmen, and not dated as of the term 
as aforesaid, the action being then in court, the agree- 
ment will not be binding on the town, and the court 
can not enforce it. 2 N. H. E. 131 ; ^ N. H. E. 39. 

A notice that §35. 87 had been expended for the sup- 
port of ^^ Sally and Esther Benson; also the daughter 
of Sally Benson, paupers/^ is not sufficient, and the 
town can not recover. The pauper must be clearly 
pointed out in the notice. '' The daughter of Scdly Ben- 
son'^ is not enough, for she may have several daugh- 
ters. '- The oldest daughter'^ might be sufficient. It is 
necessary, too, that the sums expended for each should 



306 SUPPORT AND DISPOSAL OF PAUPERS. 

be stated, and this renders the notice bad. 2 N. H. R. 
530. 

But if the relief is furnished to a person having a 
wife and minor children^ living in one family, the 
notice need not specify the sum expended for each 
member of the family, though each member must be 
named expressly in the notice. 8 N. H. B. 142. 

Notice directed ^^To the selectmen and town-clerk 
of the town of C./^ is not sufficient; it must be directed 
'' To the town of C.^^ If not so directed, the notice is 
bad. 3 N. JBL. B. 81. Leaving an attested copy of the 
notice at the usual place of abode of one selectman 
and the town-clerk, is a sufficient service. 5 N. H. M, 
348. The notice must be returned to the court of 
common pleas within twenty days, or it will not be of 
any avail. 3 JST. R. R. 277. 

A notice of relief furnished a pauper was not dated, 
but was served on the 11th of April, 1839, and stated 
that on the 15th day of January, last pasty the relief 
was furnished, and that the pauper had been supported 
since that time — held^ that the time when the sup- 
port was rendered appeared with sufficient precision. 

Under the 11th section of the act of December 16th, 
1826, a notice of supplies furnished a pauper must be 
returned to the clerk's office within twenty days from 
its service, otherwise an action for the sum expended 
can not be maintained. 14 W. H. R. 382. 

A notice signed by a majority of the selectmen is 
sufficient. 6 JSl M. R. 306. 

And notice must be given seasonably of all sums ex- 
pended for the support of the pauper, as no action with- 
out this will lie to recover them. Notice of other ex- 
penses previously incurred in the support of such pau- 
per is not sufficient ; 1 N. H. R. 251 ; but is now good 
for one year, after notice. Sec. 13, of this chapter. 

A husband and father may be liable for the support 
of his wife and children by a town in some cases, with- 
out notice. 7 JV. H. R. 571. 

And notice must be given in good faith. If it con- 
tains charges for sums not expended, or overcharges, 
nothing can be recovered for the items in which they 
are included. It is fraudulent. 8 N. H. R. 145. 



SUPPORT AND DISPOSAL OF PAUPERS. 307 

ISTotice tliat '^ S. and his family/^ or tliat " S. and sev- 
eral of his children^^ are chargeable^ is good as to S., (in 
Maine) but not good as to his family or children. 1 
Greenl, B. 329. So also notice that S. and his family 
are chargeable, the only subject of expense being one 
of his sons who was alluded to in the notice, but not 
named by his name, was held to be insufficient. 5 
Greenl R. 340. 

A pauper whose name was Patty Baxter was known 
by the name of Patty LaBarron. A notice in which 
she was called Patty Labern was held to be insufficient. 
5 Pick. R. 190. 

A notice that " E. S. and her three children'' were 
chargeable, is insufficient as to the children, but suffi- 
cient as to her, if the expenses are stated separately. 
12 N, H. R. 409 ; 4 Rich R. 358. The names of the 
children should be stated, so that they may be known. 

19. The selectmen were held not to be liable upon 
the following agreement, as they were acting in behalf 
of the town, but the town would be liable thereon : 

" The subscribers, in behalf of the town, hereby ac- 
knowledge notice to have been given us by the select- 
man of the town of Hanover, in relation to the support 
of the family of John Kimball, for which said selectmen 
of Hanover claim payment of us, and we engage to take 
no advantage, and will not hold them to furnish evi- 
dence of said notice having been given in the form pre- 
scribed by law. This acknowledgment extends to all 
claims for said support from the eighth of March last 
past. 

Samuel Eaton, \ Selectmen 
Abram Morrill, | of Weave. 

August 30, 1816.'' 

The town of Weare did hold the plaintiff '^ to furn- 
ish evidence" of a legal notice, and obtained a verdict 
in consequence; but it was held, in a suit on the 
above agreement, that the town was liable for damages 
for its violation, though the selectmen were not. 3 
2f.Ji.i?. 38. 

20. One selectman may furnish proper supplies to a 



308 SUPPORT AND DISPOSAL OF PAUPERS. 

pauper actually standing in need of relief, and residing 
in the town^ without the actual assent of the others. 
Their assent may be presumed, because it is their duty 
to assent. 3 N. H. R. 291. A majority is sufficient in 
any case. 6 N. H. R. 306. 

If the pauper resides in the town in which he has a 
settlement, and stands in need of relief, one selectman 
may supply or order a supply for his need, and the as- 
sent of the other selectmen will be presumed. But if the 
pauper resides in a different town, one selectman can not 
bind the town for supplies furnished; a majority must 
act. If the promise or agreement made by such select- 
man contains proper words to bind himself, instead of 
the town, he may be personally liable. 9 N. H. R. 55. 

Selectmen may bind their town by a note for the 
support of a pauper legally chargeable upon such town, 
although notice has not been served, if the time of 
such service has not ,expired — 7 JV. H. R.29S ; or may 
waive notice or any informality. S N. JI. R. SS. But 
a note or agreement, signed by one selectman only, 
'' for the selectmen,^^ is not the contract of the town — 
7 JV. H. R. 299 ; nor will it be permitted to be shown 
that the other selectmen authorized it to be signed. 
I hid. 

The selectmen may make a contract for the support 
of any pauper, and agree upon a price and time of pay- 
ment, and the town will be bound. 7 N. H. R. 301. 

Where a town has paid for supplies furnished to a 
pauper, proof of that fact is admissible in an action for 
relief afforded to a sister of the pauper, as an admis- 
sion of the town that they were chargeable, where 
both paupers derive their settlement from their father. 
12 iV: R. R. 328. 

And the selectmen may agree with the person then 
supporting a pauper, for future support, and give no- 
tice to the town or person chargeable, and recover the 
expenses of siTcli support. 17 Pick. R. 68. But the 
selectmen can not carry a pauper out of the State (or 
out of the town to which he is chargeable, except to 
the Insane Asvlum) to be there supported, against his 
will. 11 Pick. R. 68. 

It is doubtful if one selectman can authorize another 



SUPPORT AND DISPOSAL OF PAUPERS. 309 

to sign his name to a contract, so as to make it binding 
in any case. He certainly can not do it in his absence 
and without his express consent. No assent will be 
presumed. 10 iV". H. R. 36. The person so signing 
may make himself personally liable. Ibid. ; 9 N. H, 
R, 55. This is so with other officers. 

21. A j)arent is not bound by law to support the ille- 
gitimate offspring of his children. 4 N. B.. B, 86. But 
a parent is bound to support his wife^ and his children 
who are not emancipated, so long as he has any means 
whatever to do it. They can not become a charge upon 
the town as paupers until he is a pauper. 4 N. H, R, 
96. The claim of unemancipated children to a support 
from their parents stands on very different ground 
from the claim of any other description of persons to 
support from their kindred. 4 N. H. R. 95, 161. 

The obligation to support a wife and children exists 
at common law, and does not depend on the statute. 
The husband and father is liable without notice for 
necessaries, but not for the wife, if she has deserted 
him. 7 N. H. R. 571. The common law obligation is 
not taken away by the statute, but a new obligation is 
imposed. 7 N~. H. R. 577. 

A minor child does not necessarily become a pauper 
by reason of the mere pauperism of the parent. 15 
A H. R. 486. 

22. ^Yh.eit is ^^ stifficie7it ability^ to support poor rela- 
tions, within the meaning of sec. 8, is a question of 
much practical difficulty. The rule in relation to the 
liability of parents is laid down in sec. 21. The rule in 
other cases is different, and the following points have 
been decided : 

The son of a pauper owned a farm worth §2,000, and 
was in debt §1,400, and of very infirm health. The 
court instructed the jury that if they were satisfied 
that the son could not, from the produce of the farm, 
with his own labor and the assistance of his family, 
maintain himself, his wife, children and parents, and 
pay the interest of his debts annually, he was not of 
^'sufficient ability.'' The jary decided that he was not 
of ^^ sufficient ability'' to support his mother. 4 iV. R. 

R.m. 



310 SUPPORT AND DISPOSAL OF PAUPERS. 

The son of a pauper owned real estate worth $1,800, 
and personal estate worth $500; and his debts amounted 
to $700. He had four children, and his health was 
feeble. The court gave to the jury the same directions 
as in the preceding case, and they decided that he was 
not ^^of sufficient ability^^ to support his father. 4 
N. H. R. 96, 158. He should not himself become poorer 
every year, in his effort to support his parents, or he 
may also become a pauper, and this is not the intent of 
the law. 4 iV". H. B. 163. 

'' A relation who, without breaking up his own fam- 
ily, without a change of his professional pursuits, or of 
his accustomed style of living, and without any hazard 
to the probable maintenance for life of himself and de- 
pendents, can contribute to a pauper's relief, is certainly 
a relative of sufficient ability. It matters not whether 
the ability be derived from a surplus of annual income, 
or of fixed capital either personal or real. On the other 
hand, a relative who can not thus contribute without 
incurring some of those sacrifices and dangers, is cer- 
tainly destitute of sufficient ability.^^ 2 N. H. E. 385. 

A person is bound generally to support his poor rela- 
tives only when he can support himself and his family, 
and the paupers, from his annual income. 10 Foster 
R.9. 

The question of ability is to be decided, in each case, 
upon the state of things then existing. 10 Foster R. 9. 

If it becomes a question whether a man's property 
shall descend to his heirs upon his decease, or shall be 
applied during his lifetime, to the relief of poor rela- 
tions, he is not generally bound to expend his capital 
for their support." 10 Foster R. 9. 

A man is not required, at any age, to expend for the 
support of poor relations any more than the surplus of 
his annual income, beyond what is needed for the 
maintenance of himself and his immediate family. 10 
Foster R. 9. 

23. It is not necessary, in order to entitle a person 
to relief as a pauper, that he should be altogether des- 
titute of property. 8 N. H, R. 305. But he is to be 
deemed a pauper w^ho can not relieve his immediate 
wants without disposing of property which is essential, 



SUPPORT AND DISPOSAL OF PAUPERS. 311 

and which, if parted with, must be immediately re- 
placed to enable him to live. Ibid. 

A prisoner confined in jail for debt may be a pauper, 
and if poor and standing in need of relief, the select- 
men of the town in which the jail is situate must re- 
lieve him, and may recover of the town in which he 
has his settlement. 9 N. H. B. 107. 

If a person who has bodily health and strength, but 
small mental capacity, and who has been supported 
many years as a pauper, at last finds an employer who 
will take care of him for his labor, and wishes to stay 
with such employer, he is not to be considered as a 
pauper any longer. 14 Fick. R. 341. 

When a parent is a pauper and is maintained by a 
town, such town is not entitled to the earnings of the 
minor child of such pauper who is not himself a pauper. 

The mother of a minor child was insane and poor, 
and unable to maintain herself, and was supported by 
the town of M., for about two years. Daring a por- 
tion of that time the minor labored for one L., in 
whose employment he earned more than was sufficient 
for his support, and he was then taken by a person, act- 
ing as the overseer of the poor of M., into his service, 
where he labored, and his labor exceeded the value of 
the necessaries furnished him ; and at no time did he 
apply to the town for aid. It was held that he was not 
a pauper, and could not be treated as a pauper. 15 
N. H. R. 486. 

24. The town can not recover of a pauper the sums 
expended for his relief, if such pauper should after- 
ward acquire property. 9 N, H. R. 195. It is a char- 
ity and a gift, to relieve present distress. Ibid. 

25. Th^ Form op an Indenture, under sec. 4, may be : 
This indenture, made by and between A. B., C. D. 

and E. F., overseers of the poor in the town of H., in 
the county of C, and State of New-Hampshire, of the 
one part, and T. L. M., of said H., of the other part, 

WITNESSETH : 

That the said overseers, by the authority in them 
vested by law, have bound and do hereby bind out to 
labor to the said T. L. M.^ for the space of one year 



312 SUPPORT AND DISPOSAL OF PAUPERS. 

from the date hereof^ A. J.^ a person residing in said 
town of H., who lives idly and pursues no lawful busi- 
ness, and who is poor and stands in need of relief, dur- 
ing which time the said A. J. shall faithfully serve the 
said T. L. M. in all things whereto he may lawfully 
command him : 

And the said T. L. M. covenants on his part that he 
will pay to the said overseers, for the services of the 

said A. J. for said term, the sum of dollars, to be 

by them appropriated to the maintenance of the said 
A. J. 

In witness whereof the said parties have hereunto 
set their hands and seals, this first day of April, in the 
year eighteen hundred and fifty-eight. 

A. B."^ Overseers (seal.) 

Signed, sealed and delivered G. D, Vof the Poor (seal) 

in presence of ^ ^ ^ ^^ jj; ^ ^^^^if^ 

T. L. M. (seal) 

The above form relates to a person having no family. 
If the person bound out has a family, the words, " who 
lives idly and pursues no law^ful business, and who is 
poor and stands in need of relief,^^ should be omitted, 
and the words -7- '' whose family , standing in need of re- 
lief, is supported by such town/^ inserted instead. Also, 
after the words, ^^maintenance of the said A. JJ^ add 
— ajid his family. 

It is not necessary that the person so bound should 
have a settlement in the town, but merely that he should 
reside in the toAvn, and he or his family be relieved as 
paupers. The overseers must state the reason of the 
binding out, in the indenture ; and they have no au- 
thority to bind out unless the person lives idly, pursues 
no lawful business, is poor and stands in need of relief, or 
unless his family, standing in need of relief, is supported 
by the town. 

Two copies of the indenture should be made and 
signed, one for the use of the town, and the other for 
the use of the other party. 

26. The Form of an Indenture, under sec. 5, may be : 
This indenture, made by and between A. B., C. D. 



SUPPORT AND DISPOSAL OF PAUPERS. 313 

and E. P., overseers of the poor of the town of H., in 
the county of C, and State of New-Hampshire, of the 
one part; and T. L. M., of said H., of the other part, 

WITNESSETH : 

That the said overseers, by the authority in them 
vested by law, have bound and do hereby bind out 
L. G., (a minor child of M. G.) a person residing in 
said town of H., who is not employed in any lawful 
business, and whose parents are unable or neglect to 
maintain him, as an apprentice unto the said T. L. M., 

to learn the business, art or trade of a , and to 

serve the said T. L. M. faithfully from the date hereof, 
until the sixth day of August, in the year eighteen 
hundred and sixty, when the said minor will be of the 
age of twenty-one years. 

And the said T. L. M., on his part, covenants that he 
will teach said apprentice, or cause him to be faithfully 
taught in said business, trade or art, and will provide 
for him suitable board, lodging, clothing, nursing, at- 
tendance and other necessaries for his comfortable sup- 
port in sickness and in health ; and that he will cause 
said minor to be instructed to read, write and cipher. 

[Here insert any other provisions as agreed upon.] 

In witness whereof the said parties have hereunto 
set their hands and seals, this first day of April, in the 
year eighteen hundred and fifty-eight. 

A. B."^ Overseers (seal.) 

Signed, sealed and delivered G. D. [of the Poor (seal) 

in presence of jj. F. ) in R . {seal) 

T. L. M. (seal) 

Before the Eevised Statutes, it was necessary, in 
many cases, that the minors bound out should be 
chargeable to the town. It is now only necessary that 
they should reside in the town, and not be employed in 
some lawful business, and that their parents should be 
unable or neglect to maintain them. 

27. The Form of the Notice in sec. 10, may be : 
15 



314 SUPPORT AND DISPOSAL OF PAUPERS. 

To the Town of Lancaster, in the County of Coos and 
State of New-Hampshire. 

You are hereby notified that on the tenth day of 
September, 1858, John Smith, Jane Smith, wife of said 
John, and James Smith, Peter Smith and Sally Smith, 
minor children of said John Smith, then and ever since 
persons poor and unable to support themselves, and 
having their settlement in said town of Lancaster, 
were relieved and have ever since been supported by 
the town of Peterborough, in the county of Hillsbor- 
ough, in said State ; and the sums expended by said 
Peterborough for the relief and maintenance of the 
said John Smith, his wife and children above named, 
since said tenth day of September, up to December 3, 
1858, are as follows : 

For board of family 12 weeks, at $4.50 per $54.00 
week, .. 

Paid Dr. W. C, for attending Jane Smith, 8.00 

Paid Nancy Morse, for nursing Mrs. Smith 

two weeks, , , 2.00 

Paid board of Nancy Morse, while nurs- 
ing,......,., 3.00 

For 10 yards of calico, for Mrs. Smith and 

Sally Smith,.,, 1.25 

For four pairs of feeting for the family.... 1.00 

For one coat for John Smith, 5.00 



$74.25 

A. B. ") Overseers of the 
C. D. >- Poor in 
E. F. ) Peterborough. 
Peterborough, Dec. 3, 1858. 

The notice should be signed by the overseers of the 
poor, if there are any chosen by the town ; if not, it 
should be signed by the selectmen as overseers of the 
poor, and not as selectmen. The notice is given by them 
acting in the office of overseers of the poor, and not act- 
ing as selectmen. 

28. The overseers are not personally liable on the 
indentures of an apprentice under this chapter, or 



SUPPORT AND DISPOSAL OF PAUPERS. 



315 



under chapter 48. If the apprentice disobeys, or 
steals, or becomes sick, the master must pursue the 
remedy given by the statute by a complaint ; but nei- 
ther party can put an end to the indentures, without 
the consent of the other, except in such manner. 2 
Pick. B. 457. Before the Eevised Statutes, the over- 
seers were not authorized to bind out any person, 
unless " chargeable to such town f 4 N. H, B. 139 ; 
but these words are now omitted, and the word " re- 
siding'^ used instead. 

" The power of taking children from their parents 
and families and homes, and binding them to strangers 
as servants, which is here (sections 4 and 5) conferred 
upon overseers, is a high and arbitrary, if not a* dan- 
gerous power ; and one which should only be exercised 
in cases of clear necessity, and where all the circum- 
stances concur which justify and require so extraor- 
dinary an interposition in the domestic relations of 
jOTvate families. Nothing is to be presumed in aid of 
it ; but every thing which is required for its support 
must be shown affirmatively.'^ 19 Pick. R. 360. In 
such an inquiry, it would be highly proper to notify 
the parent, and give him an opportunity to be heard 
on a question of so much interest to him ; but the stat- 
ute does not expressly require it. Ihid, 



CHAPTER 45. 



OF PAUPERS NOT CHARGEABLE TO ANY TOWN OR 
PERSON IN THE STATE. 



1. CouDty paupers, who are such. 

2. County poor farm bought, how. 

3. County paupers bound out, 

how. 

4. County liable to support, when. 

5. Bringing pauper into State, 

penalty. 
5,6. Same subject. 

6. Master of vessel to give bond* 



7. Master of vessel liable, when. 

8. Suit on such bond regulated. 

9. Bringing pauper into county, 

penalty. 

10. Pauper may be returned, how. 

11. Form of indenture in sec. 3. 

12. Form of bond in sec. 6. 

13. Form of pauper account. 

14. Insane county paupers. 



316 PAUPERS NOT CHARGEABLE 

1. When any poor person, for whose support no per- 
son or town in this State is chargeable, shall be relieved 
or buried at the expense of any town, the overseers of 
the poor, within one year thereafter, or in case a suit 
therefor has, before the termination of said year, been 
commenced against any town or person, within six 
months after the termination thereof, may present an 
account of all moneys so expended, to the court of 
common pleas of the county in which such town is, 
with proper vouchers, and said court shall allow such 
sum as they shall think reasonable, to be paid out of 
the county treasury. R. S. ch. 67, sec. 1 ; G. S. ch. 71, 
sec. 1. 

l,a. Where a woman, having a settlement through 
her father in one town, under laws passed since De- 
cember 31, 1795, in 1823 married a husband who had a 
settlement through his father in another town, under 
laws passed prior to December 31, 1795 ; she acquired 
her husband's settlement upon their intermarriage, 
and retained it until lost by the operation of the stat- 
ute of 1841 ; after which she ceased to have any settle- 
ment in this State. 1 Fogg E. 245. 

2. The court of common pleas in any county, upon 
the recommendation of a majority of the representa- 
tives to the legislature from the several towns compos- 
ing said county, may provide, at the expense of such 
county, all such lands, buildings and articles as may be 
necessary for the accommodation, support and employ- 
ment of the poor who may be chargeable to such 
county, and may appoint suitable officers for their 
management, and establish necessary rules and regula- 
tions therefor ; but in no case shall the punishment for 
any offence exceed that allowed by law in the house of 
correction. Ibid., sec. 2. 

3. The court of common pleas [county commission- 
ers ?] may bind out, or may authorize the overseers of 
the poor of any town to bind out or employ any person 
.chargeable, or liable to be chargeable to the county, in 
the same manner that such overseers might do in case 
of a person chargeable to such town ; and the rights 
and obligations of all parties shall be the same as in 



TO ANY TOWN OR PERSON. 317 

such case. Ihid.y sec. 3. See Laws of 1855, ch. 1659, 
sec, 37. 

4. When any town in this State shall cease to be or- 
ganized as a town, all paupers who may have a legal 
settlement in such town, and who have no relations by 
law bound to support them, shall be maintained by the 
county in which such town is situate, until the same 
shall be reorganized. Ihid.j sec, 4. 

5. If any person shall bring from any other State, 
and leave in any town in this State, or shall so bring, 
with intent to leave, any poor and indigent person, 
having no visible means of support, and no settlement 
within the State, knowing such person to be poor and 
indigent as aforesaid, he shall be punished by fine not 
exceeding three hundred dollars nor less than fifty dol- 
lars, or by imprisonment not exceeding six months. 
lUd., sec. 5. 

5,6. If any person shall bring from any other State, 
and leave in any tow^n in this State, or shall bring, with 
intent to leave, any poor and indigent person, having 
no visible means of support, and having a settlement in 
such State from which such poor and indigent person 
may be brought, knowing such person to be poor and 
indigent as aforesaid ; or shall counsel, hire, or procure 
such poor and indigent person to be so brought, or shall 
aid or assist therein, he or they shall be punished by 
fine, not exceeding five hundred dollars, nor less than 
one hundred dollars, or by imprisonment not exceeding 
one year, and shall be further liable to any town or 
county in this State for all such sums of money as may 
be expended by any town or county for the support 
and maintenance of such poor and indigent person. 
Statutes of 1845, ch. 239 -, C. S. ch. 71, sec. 6. 

6. 'No master of any vessel, having passengers on 
board who have no settlement within this State, shall 
suffer such passengers to land, until he shall give bond 
to the State in a sum equal to two hundred dollars for 
every such passenger, with sufficient sureties to the 
satisfaction of the selectmen of the tow^n in which such 
passengers are landed, conditioned to indemnify and 
save harmless such town, and every tow^n and county 
in the State, from all expenses which for three years 



318 PAUPERS NOT CHARGEABLE 

thereafter may arise from such passengers, whose names 
shall be inserted in said bond. R. S. ch. 67, sec. 6 ; C. S. 
ch. 71, sec. 7. 

7. If any master shall suffer any such passenger to 
land before such bond shall be given, unless the same 
shall be dispensed with b}^ such selectmen on applica- 
tion therefor, he shall be punished by fine not exceed- 
ing two hundred dollars for each passenger so landed, 
or by imprisonment not exceeding one vear. H. S. ch, 
67, sec. 7 ; G. S. ch. 71, sec. 8. 

8. Said bond shall be filed by the selectmen who ap- 
prove the same, in the ofiice of the clerk of the court 
of common pleas for the count}^, and may, by leave of 
the court, be prosecuted for the benefit and at the 
expense of the party applying. H. S. ch. 67, sec. 8; 
C. S.^ch. 71, sec. 9. 

9. If any person shall bring and leave, or bring with 
intent to leave, any poor and indigent person, having 
no visible means of support, into any county in this 
State from any other county in which such poor per- 
son may have resided or been supported, such poor 
person, not having a legal settlement in any town, nor 
any relations chargeable for his support within the 
county into which such poor person is brought, know- 
ing him to be thus poor and indigent, he shall be pun- 
ished by fine not exceeding two hundred dollars, nor 
less than thirty dollars, or by imprisonment not exceed- 
ing six months. JR. S. ch. 67, sec. 9 ; C. S. ch. 71, sec. 10. 

10. Every such poor and indigent person may be 
removed from said county, by order of the court of 
common pleas, into the county from which he was 
brought as aforesaid. E. JS. ch. 67, sec, 10 ; 0. S. ch. 71, 
sec. 11. 

11. The Form of the Indentures authorized by 
section 3, may be similar to those in sections 25 and 26 
of the preceding chapter. The following alterations 
should be made : omit the words, " by the authority in 
them vested by law,'' and insert instead — by the author- 
ity and in behalf of the court of common pleas for said 
county ; also, after the words, "residing in said town of 
H., '' add the words — and chargeable to said county. 



TO ANY TOWN OR PERSON. 



819 



12. The Form of the Condition of the Bond in 
section 6 may be : 

[N'ow the condition of this Obligation is such, that 

whereas the said is the master of a vessel having 

passengers on board who have no settlement within 
the State of I^ew-Hampshire, the names of said pas- 
sengers being as follows : viz., 



and whereas said master is desirous of landing said 
passengers in the city of P., in said State : ISTow if the 
said obligors shall imdemnify and save harmless said 
city of P.;, and every town and county in said State, 
from all expenses which for three years from and after 
the date hereof may arise from such passengers, then 
this Obligation to be void : otherwise to remain in full 
force. 

A. B.~) {seal.) 

Signed, sealed and delivered C. D. >- (seal.) 

in presence of us : E. P. ) (seal.) 

13. The Form of a Pauper Account against a 
county may be : 

The county of H. to the town of K, Br. 

For the board of A. B., a county pauper, 

twenty weeks, from to , at 

$1.50 per week,. $30.00 

[Make out the account as in a notice to a town.] 

And the overseers of the poor of said town of N. 
hereby certify that the said A. B. was, during the time 
specified in said account, a poor person residing in said 
town, and unable to support himself, and was standing 
in need of relief, and that application was made to the 
town therefor ; that the sums charged in said account 
were actually expended for the relief and maintenance 
of the said A. B., and are in our opinion reasonable 
charges ; and that said A. B. has no settlement in said 
town of N., nor any settlement in any other town in 
this State, or any relation in this State, of sufficient 



320 



MAINTENANCE OF BASTARDS. 



ability, chargeable with his maintenance^ to our knowl- 
edge or belief. 

P* a' i Overseers of the 
I Poor in N . 



E. 

S. 



An affidavit in common form of the truth of this cer- 
tificate may be added. 

Each court of common pleas establishes its own rules 
as to the evidence required to sustain an account against 
the county. The statute requires " proper vouchers " 
to be filed with the account. If the supplies are fur- 
nished by the overseers, their affidavit is the best 
voucher. If money is paid to other persons, their re- 
ceipts should be taken and filed in court. An affidavit 
may not always be required, but had better be added 
in all cases, as it strengthens the evidence of the claim. 

14. For the provisions relative to the insane, see 
ch. 48. 



CHAPTER 46. 



OF THE MAINTENANCE OF BASTARDS. 



1. Bastardy complaint, how 

made. 

2. Form of bastardy complaint. 

3. Form of warrant thereon. 

4. Bond required, how and when. 

5. Form of justice's order. 

6. Form of the bastardy bond. 

7. Form of the mittimus. 

8. Proceedings in court thereon. 

9. Mother may be a witness — 

when. 

10. Bond for support required. 

11. Town admitted to prosecute. 

12. Town may make complaint, 

when. 



13. Proceedings on such com- 

plaint. 

14. Form of complaint by town. 

15. Costs for defendant, when. 

16. Respondent imprisoned, how 

discharged therefrom. 

17. Respondent absconding, what. 

18. Respondent to be brought 

back. 

19. Complaint, requisites of. 

20. Complaint, evidence under. 

21. Custody of child, mother's 

right. 

22. Settlement, when valid. 

23. Discharge no bar to another 

complaint. 



MAINTENANCE OF BASTARDS. 321 

1. If any woman is pregnant with a child^ which, if 
born alive, may be a bastard, she may make complaint 
in writing, under oath, to any justice of the peace in 
this State against any man, charging him with having 
begotten such child; and said justice may thereupon 
issue his warrant, commanding the person so charged 
to be brought before some justice of the peace in and 
for the county in which the offence is alleged to have 
been committed, or in which the person so charged 
may reside. R. S, ch. 68, sec. 1 ; G. S. ch. 72, sec. 1. 

2. The Form of the Complaint in such case may be : 
To J. H., Esquire, one of the Justices of the Peace in and 

for the County of Hillsborough. 

Complains Euth May, of B., in said county, single 
woman, that she is now pregnant with a child, which, 
if born alive, may be a bastard, and that said child was 
begotten on the first day of May last, at the house of 
A. B., in said B., by John Smith, of said B. ; therefore 
the said complainant prays that the said John Smith 
may be apprehended, and held to answer to this com- 
plaint, and further dealt with according to law. 

Euth May. 

Hillsborough ss., January 8, 1858. Then appearing 
the said Euth May, made oath that the above com- 
plaint, by her signed, is in her belief true. Before me, 

J. H., Justice of the Peace, 

3. The Form of the Warrant issued thereon, and 
attached to the Complaint, may be : 

THE STATE OF NEW-HAMPSHIEE. 

[L. S.] Hillsborough ss. To the Sheriff of said County, 
or his Deputy, or any Constable of the Town of B.^ in said 
County. 

Whereas Euth May, of B., in said county, single wo- 
man, has made her complaint aforesaid to me, J. H.^, 
one of the justices of the peace in and for said county 
of Hillsborough, upon oath, against John Smitb; of said 
B., housewright : 
15* 



322 MAINTENANCE OF BASTARDS. 

We command you, in the name of said State, to 
apprehend the said John Smith, and bring him before 
me, or some other justice in and for said county of 
Hillsborough, to answer to the said complaint. Hereof 
fail not. 

Given under my hand and seal, this third day of Jan- 
uary, in the year eighteen hundred and fifty-eight. 

J. H., Justice of the Peace. 

The Form of the Eeturn thereon may be : 

Hillsborough ss., January 6, 1858. I have appre- 
hended the within named John Smith, and now have 
him before J. H., Esquire, as within commanded. 

M. G., Deputy Sheriff, 

The Eevised Statutes have made some changes in 
the mode of proceedings. The complaint may be 
made before a justice in any county in which the com- 
plainant is dwelling at the time, and may be returned 
to and heard before any justice of the county. That 
the town in which he lives is interested is no objection. 
If the offence was not committed in such county, and 
the person complained against resides in another county, 
the warrant is to be directed '^ to the sheriff, or his dep- 
uty,^' of the county in which the offence was committed, 
or the offender resides, and the offender should be 
ordered to be carried before some justice of one of those 
counties. If the offence was committed in the county 
in which the complaint is made, the warrant should be 
directed " to the sheriff of said county,'^ &c., (as in the 
form) and the offender ordered to be carried before 
some justice of the county in which the offence was 
committed, or in which the offender then resides. 
The justice before whom he is brought, on a hearing 
and proper evidence, may order him to give bond to 
appear at the term of the court of common pleas, next 
to be holden in and for the county in which the offence 
was committed, as the trial must be in that county. 
If the offender has escaped from the county in which 
the complaint is made, the warrant should be directed 
as in the last case named, and the offender brought 



MAINTENANCE OF BASTARDS. 823 

before some justice of the county in whicli he is arrest- 
ed, who may order him sent back to the county in 
which the complaint was made, for examination. 

4. The justice before whom such person shall be 
brought, if he see fit, may order such person to give 
bond to the complainant, in a reasonable sum, with suf- 
ficient surety or sureties, to the satisfaction of the 
justice, conditioned to appear at the term of the court 
of common pleas next to be holden within and for the 
county in which the offence is alleged to have been 
committed, to answer to such complaint, and to abide 
the order of said court thereon, and in default thereof 
may commit him until such order is performed. H, S. 
ch. 68 ; a S. ch. 72. 

5. The Form of the Examination and Order may 
be: 

Hillsborough ss. Be it remembered that on the 
third day of January, in the year eighteen hundred and 
fifty-eight, Ruth May, of B., in said county, single wo- 
man, came before me, J. H., one of the justices of the 
peace in and for said county, and upon oath made her 
complaint that she is now pregnant with a cl^ild. 

[Here copy the rest of the complaint down to the word ^'therefore.''] 

Whereupon the said John Smith being afterward, on 
the sixth day of January, brought before me, the said 
justice, by virtue of a warrant by me issued on said 
complaint, and after hearing all the proofs and allega- 
tions on the part of said Euth May and John Smith re- 
spectively, it appearing to me that the said John Smith 
ought to be held to answer further to said complaint : 

It is therefore ordered by me, the said justice, that 
the said John Smith give bond to the said Euth May 
in the sum of four hundred dollars, with two sufficient 
sureties, conditioned that the said John Smith do 
appear at the term of the court of common pleas, next 
to be holden at l^ashua, in and for said county of Hills- 
borough, on the first Tuesday of February next, and 
there answer to said complaint, and abide the order of 
the court thereon, and that he stand committed until 
this order is performed. 

J. H., Justice of the Peace. 



324 MAINTENANCE OF BASTARDS. 

The term of the court at which the offender is order- 
ed to appear^ should always be the one next to be 
holden in and for the county in which the offence is 
alleged to have been committed. 

Security by recognizance would be void. 7 Mass. H, 
396, 340. 

The Form of the Bond in such case may be : 

Know all men by these presents, that I, John Smith, 
of B., in the county of H., as principal, and A. B. 
and 0. D., of said B., as sureties, are holden and 
stand firmly bound unto Euth May, of said B., single 
woman, in the sum of four hundred dollars, to the 
payment of which well and truly to be made to the 
said Euth May, Ave bind ourselves, our heirs, executors 
and administrators firmly by these presents. Witness 
our hands and seals, this sixth day of January, 1858. 

The condition of the foregoing Obligation is such, 
that whereas, on the third day of January, 1858, the 
said Euth May made complaint, on oath, to J. H., a jus- 
tice of the peace in and for said county of H., that she 
was pregnant with a child, which, if born alive, would 
be a bastard, and that said child was begotten on the 
first day of May, 1857, at the house of A. B., in said 
B., by the said John Smith, and whereas the said John 
Smith has been ordered by the said justice to appear 
at the term of the court of common pleas next to be 
holden at ^Nashua, in and for said county of Hillsbor- 
ough, on the first Tuesday of February next. Now 
if the said John Smith shall appear at said court at the 
time and place aforesaid, and shall answer to said Com- 
plaint, and abide the order of the court thereon, then 
this Obligation to be void ; otherwise to be in full force. 

John Smith, (seal) 

Signed, sealed and delivered A. B. ) (seal.^) 

in presence of us : C. D. j (seal) - 

7. The Form of the Mittimus to be made out in 
case the offender neglects to give bond, may be : 



MAINTENANCE OP BASTARDS. 325 

THE STATE OF ]S^EW-HAMPSHIEE. 

[L, S.] Hillsborough ss. To the Sheriff of said Coun- 
ty, or his Deputy y or either of t^ce Constables of the Town 
of B.J in said County. 

WhereaSj on the third day of January, in the year 
eighteen hundred and fifty-eight, Euth May, of B., in 
said county, single woman, came before me, J. H., one 
of the justices of the peace in and for said county, and 
upon oath made her complaint that she is now preg- 
nant with a child, which, if born alive, may be a bas- 
tard, and that said child was begotten on the first day 
of May last, at the house of A. B., in said B., by John 
Smith, of said B. : Whereuj)on the said John Smith 
being afterward, on the sixth day of January, brought 
before me, the said justice, by virtue of a warrant by 
me issued on said complaint, and after hearing all the 
j)roofs and allegations on the part of said Euth May 
and John Smith respectively, it appearing to me that 
the said John Smith ought to be held to answer fur- 
ther to said complaint — It was therefore ordered by 
me, the said justice, that the said John Smith give 
bond to the said Euth May in the sum of four hundred 
dollars, with two sufficient sureties, conditioned that 
the said John Smith appear at the term of the court 
of common pleas, next to be holden at ]Sl"ashua, in and 
for said county of Hillsborough, on the first Tuesday of 
February next, and there answer to said complaint, and 
abide the order of the court thereon, and to stand com- 
mitted until said order be performed : And whereas 
the said John Smith has neglected to perform said 
order — 

In the name of said State you are commanded to 
take and convey the said John Smith to the common 
jail in said county, and deliver him to the keeper 
thereof: and the keeper thereof is required to receive 
the said John Smith into his custody in said jail, and 
him there safely keep until he give bond as aforesaid, 
or be discharged by due course of law. Herein fail not. 
Given under my hand and seal, this sixth day of Jan- 
uary, in the year eighteen hundred and fifty-eight. 

J. H., Justice of the Peace. 



326 MAINTENANCE OP BASTARDS. 

It will be observed that the greater part of the mit- 
timus is a copy of the examination and order in sec. 4j 
The justice in making out a mittimus should always 
follow the record of the examination in the same man- 
ner, making such slight alterations as the sense or 
grammar may require. The directions and forms for 
these proceedings belong more properly, however, to 
a form book for justices. 

8. Said justice shall make a certified copy of each 
paper in said case, and shall deliver the same to the 
complainant, or return the same to said court on or be! 
fore the first day of the term aforesaid ; and said com- 
plaint shall be entered at said term, and the person 
charged may be ordered to give bond as aforesaid to 
the satisfaction of the court, for his appearance at any 
future day or term, and to abide the order of the court. 
The complaint shall be tried by the court, unless either 
party requests a jury, in which case it shall be tried by 
a jury, the issue shall be, chargeable, or, not chargeable. 
E. S. ch. 68, sec, 3 ; G. S. ch. 72, sec. 3. 

9. Any woman who shall have made her complaint 
in the manner aforesaid, charging any man with being 
the father of the child, and stating the time when and 
the place where the same was begotten, and shall have 
declared, in the time of her travail, the same person to 
be the father of the child to the persons attending her, 
if any person did attend her, and shall have continued 
constant in such accusation, shall be a competent wit- 
ness on the trial of such complaint, her credibility being 
left to the court or jury who try the cause ; but no 
woman shall be admitted as a witness as aforesaid who 
shall have been convicted of any crime rendering her 
incompetent to testify in any other case. Ibid., sec. 4. 

10. If any man is found chargeable as aforesaid, the 
court shall order him to pay such sum as they shall 
deem reasonable, to the mother of the child, or to the 
selectmen of the town liable by law for the mainte- 
nance of the child, to be applied for such maintenance, 
and also to pay costs of prosecution ; and may order 
him, or the mother, or both, to give security to save 
such town harmless from all charge for the mainte- 
nance of such child. Any person who shall neglect or 



MAINTENANCE OF BASTARDS. 327 

refuse to obey any such order may be committed until 
the same is obeyed. Ihid.j sec. 5. 

11. If any woman, after having made her complaint 
as aforesaid, shall abandon the same, the town, liable 
by law as aforesaid, shall, upon application to the court 
or justice, in writing, made for that purpose by their 
selectmen, agent or attorney, be admitted to prosecute 
said complaint, a record whereof shall be made, and all 
subsequent proceedings thereon shall be the same as if 
said complaint had been instituted originally by such 
town. lUd., sec, 6. 

12. If the mother of a bastard child neglects or re- 
fuses to make complaint as aforesaid, or having made a 
complaint shall neglect to prosecute the same in the 
court aforesaid, or shall, in the opinion of the select- 
men of any town liable by law as aforesaid, make a 
false complaint, any justice of the peace, to whom com- 
plaint may be made by said selectmen against any man, 
charging him with having begotten such bastard, may 
issue his warrant, under his hand and seal, directing 
such person to be brought before some justice of the 
peace in and for the county in which the offence was 
committed, or in which such offender may reside. 
Ibid., sec, 7. 

13. Such complaint shall be in the name of such town, 
and the proceedings thereon shall be the same in all 
respects as if the mother had complained as aforesaid. 
If found chargeable, he shall be ordered to give secu- 
rity to save the town harmless from the maintenance 
of such child, and to pay all costs of prosecution, and to 
stand committed until said order shall be performed. 
Ibid,, sec. 8. 

14. The Form of the Complaint made by the select- 
men may be : 

To J. H., Esquire, one of the Justices of the Peace in and 
for the County of Hillsborough. 

Complains the town of N., in said county, by A. B. 
and C. D., selectmen of said town, that one Euth May, 
of said N., is now pregnant with a child, which, if born 
alive, may be a bastard and become chargeable to said 



328 MAINTENANCE OF BASTARDS. 

town of N"._, and that said child was begotten on or 
about the first day of May last^ in said town of N., by 
John Smith, of said IST., and that the said Euth May 
refuse to make complaint against the said John Smith, 
according to the statute in such case made and pro- 
vided. Wherefore your complainant prays that the 
said John Smith may be apprehended and held to an- 
swer to this complaint, and further dealt with according 
to law. 

A. B. 

CD. 

Hillsborough ss., January 3, 1858. Then appearing 
the said A. B. and C. D., made oath that the foregoing 
complaint, by them signed, is in their belief true. Be- 
fore me, 

J. H., Justice of the Peace, 

The warrant and other proceedings may be similar 
to those in case of a complaint made by the woman 
herself, with such slight alterations as the difference of 
the parties may require. The bond should run to the 
town. 

If the complaint by the tow^n is not made until after 
the birth of the child, omit the words — '^is now preg- 
nant with a child, which, if born alive, may become," 
and insert instead — on the first day of February last teas 
delivered of a male child, which was and is still living, and 
is a bastardy and is — . 

If the mother has made a complaint and neglected 
to prosecute it, omit the words, ^^ refuses to make com- 
plaint against the said John Smith,'^ and insert instead 
— having made a complaint against the said John Smith, 
has neglected to prosecute the same in the court of common 
pleas — . 

15. When any town is a party to such prosecution, 
and the party accused shall be found not chargeable, 
he shall recover his costs against such town. Ibid., 
sec. 9. 

16. If any person, committed to prison by virtue of 
this act, is poor and unable to pay such sum, or to pro- 
cure such security as may be ordered, said court may, 



MAINTENANCE OF BASTARDS. 329 

on application for that purpose, discharge such person 
from imprisonment at such time and upon such terms 
as they shall think expedient. Ihid., sec. 10. 

17. Whenever a warrant shall be issued as aforesaid 
by any justice, and the person charged therein shall, 
either before or after the issuing thereof, escape or go 
out of the county, the sheriff thereof, or his deputy, or 
any constable of the town to whom such warrant shall 
be directed, may pursue such person and apprehend 
him in any county in this State, and carry him before 
any justice in and for the county in which he was so 
apprehended, for examination. Ibid., sec. 11. 

18. If it shall appear to said justice that said warrant 
was duly issued, and that such person did escape or go 
out from such other county as aforesaid, he shall issue 
his warrant thereupon, directed to such sheriff, deputy 
or constable, commanding such officer to carry such 
person before some justice in and for the county from 
which he has so escaped or gone out, for trial, and that 
such further proceedings may be had thereon as the law 
requires. Ibid., sec. 12. 

19. The complaint, when made by the woman, must 
be sworn to before the birth of the child, but may be 
made by the town afterward. The trial, in either 
case, need not be until after the birth of the child. In 
order to entitle the woman to be a witness in her own 
behalf on a complaint by her made, she must make a 
declaration during her travail (that is, before delivery 
—5 Pick. jK. 63 ; 6 Greenl. R. 460) that the person 
charged is the father of the child, and continue con- 
stant in the accusation, and this must be done in the 
presence of one or more witnesses. The mother can 
not testify that she made such declarations. 5 Fick, 
JR. 63. But she maybe a witness in behalf of the town 
without such declaration, and the town may come in 
and take up her complaint, and prosecute it at any 
stage of the proceedings, so as to make her a witness. 
3 N. H. E. 141. 

20. If the mother marry before a prosecution, the 
husband should join in the complaint. 16 Maine B. 
38; the object is to compel the real father to support 
the child. And the statute of limitations is no bar to 



330 MAINTENANCE OF BASTARDS. 

such a prosecution. 16 Maine B. 38. If the mother 
dies before a hearing, her dying declarations may be 
used in evidence. 3 H. H. E. 161. By '^ continuing 
constant in such accusation/^ is to be understood, stating 
the same person, and no other, to be the father of the 
child, from the time of making oath to her complaint 
up to the time of the trial. 8 Pick. B. 560. To inca- 
pacitate the mother as a witness, the burthen of proof 
is on the respondent to show that she " was not con- 
stant in her accusation.'' 12 N. H. B. 137. Evidence 
that she had previously accused other persons, is ad- 
missible to impeach her credibility as a witness, but 
evidence that she was unchaste, or had had connection 
with other men, is not admissible in Massachusetts. 3 
Fick. B. 194; 4 Vermont B. 281. The selectmen of a 
town, which is interested, may be witnesses, even if 
they made the complaint. 5 Conn. B, 416. And depo- 
sitions are admissible. 6 Pick. B. 104; 2 Conn. B. 357. 

21. The mother of an illegitimate child has a right 
to the custody and control of the child as against the 
putative father, and is bound to maintain it, as its nat- 
ural guardian. 8 iV^. H. B. 417. And when the puta- 
tive father has given a bond to indemnify the town 
against liability for the maintenance of an illegitimate 
child, he can not relieve himself from his liability to 
the tovfn by demanding the child at the age of twenty- 
two months, and offering to maintain it — tlie mother 
refusing her assent to part with the child. Ihid. 

22. A settlement, between the father and mother of 
the child, and a release of all damages by the mother, 
will not discharge the father from his liability to the 
town for the maintenance of the child. The settle- 
ment, however, as betweeen the parties is good, and a 
note given thereon is valid, there being in law a valua- 
ble consideration therefor. 

23. A complaint, with an examination and discharge 
under it by a justice, will be no bar to another com- 
plaint for the same offence. It is not necessary that 
the mother, even if she is the complainant, should be 
present at the examination, if there is other sufficient 
evidence. 11 N. H. B. 156 ; ^ N. R. B. 143. 



CHAPTER 47. 



OF TPIE GUARDIANSHIP OF SPENDTHRIFTS AND IN- 
SANE PERSONS. 



1. Guardian for insane appoint- 

ed. 

2. Meaning of word, " insane.'^ 

3. Form of application in sec. 1. 

4. Form of notice to defendant. 

5. Form of inquisition. 

6. Duties of selectmen therein. 

7. Proceedings in probate court. 

8. Guardian for spendthrift. 

9. Proceedings in probate court. 

10. Form of complaint in sec. 6. 

11. Notice of appointment given. 

12. Duties of guardians. 



13. Contracts, when void. 

14. Contracts, when ratified. 

15. Guardian, when removed. 

16. Guardianship, how revoked. 

17. Property of ward, how sold. 

18. Ward's estate may be repre- 

sented insolvent. 

19. Claims unpaid, not barred. 

20. Selectmen to report condition 

of insane to county com- 
missioners. 

21. County commissioners to ex- 

amine. 



1. Upon application, by any relative or friend of any 
insane person, or upon the like af>plication of the over- 
seers of the poor of the town in which such person 
lives, made to the judge of probate for the county in 
which said town is situate, that a guardian may be ap- 
pointed over such person, the judge shall cause the. se- 
lectmen of the town in which such person lives to make 
inquisition thereinto. B. S. ch. 150, sec. 10 ; C. S. ch, 
159, sec. 10. 

2. The word ^^ insane, ^^ as used in this section and in 
section 4, includes '^ an idiot, a non compos, lunatic or dis- 
tracted person.'^ B. S. ch. 1, sec. 15; C. 8. ch. 1. If the 
person named in the application belongs to either of 
these classes, he should nevertheless be styled in it 
insane. 

An idiot is one who has a natural imbecility of mind; 
one w^io is without the power of reason, either par- 
tially or wholly, by a perpetual infirmity from his birth. 

A lunatic, or distracted person, is one who has a par- 
tial or total derangement or excitement of the mind, 
generally arising after birth. The word non compos 
includes not only lunatics, but persons who lose their 
intellects by disease, or in some other mode, after birth. 



332 GUARDIANSHIP OP SPENDTHRIFTS 

There is a class of persons who are incapable of man- 
aging their own affairs properly^ who do not come 
within either of the above classes strictly, or within the 
words of the statute, such as those who are rendered 
incapable from the infirmities of body or age. If the 
infirmities of such person are such as to impair his mind 
essentially, he may be deemed a non compos. The mem- 
ory of a man may be greatly impaired, and he still re- 
tain his reason and not be a non compos mentis, 4t 
iV: JT. B, 68. 

3. The Form of the Application in such case may 
be: ^ 

To the Honorable TF. (7. (7., Judge of Probate for the County 
of Hillsborough. 

The subscribers, overseers of the poor of the town of 
N., in said county, respectfully represent that A. B., a 
person living in said town, is an insane person, and 
incapable of taking care of himself; we therefore 
request that you will cause inquisition thereinto to 
be made, and a guardian for the said A. B. to be ap- 
pointed, according to the law in such cases made and 
provided. 

A B "^ 

n' T\ I Overseers of the 

^•^•tPooro/iV . 

N ,i^ay3, 1858. 

4. The selectmen should give notice to the person 
named in the warrant of inquisition, seasonabty, of the 
time and place of making such inquisition, as it is a 
question involving the enjoyment of his liberty and 
property, and he has a right to be heard thereon. A. 
week's notice would be sufficient in any case ] in some 
cases a day or two would be seasonable notice. 14 
Mass. R. 222. 

The Form of the Notice may be : 

To C. D., of E. 

You are hereby notified that we, the subscribers, will 
attend at the dwelling-house of G-. H., in said E., on 



AND INSANE PERSONS. 333 

Tuesday, the ninth day of July instant, at ten o'clock 
in the forenoon, for the purpose of making an inquiry 
into your case, according to the directions and for the 
object contained in the foregoing warrant to us directed, 
at which time and place you may attend, and be heard 
thereon. 

Given under our hands, this first day of July, 1858. 

E. L.^ 

T. G. [Selectmen of E . 

H. J.) 

This notice should be made on the warrant, and an 
attested copy of the warrant and notice given to the 
insane person, and afldavit of the service of the notice 
made on the original. 

5. The selectmen should all be present together, and 
make careful inquiry and examination, not only of the 
person named in the application, but of other persons, 
as to the capacit}^ of such- person ^ and if satisfied that 
he belongs to either of the classes described in section 
2, and is incapable of taking care of himself and his 
property, should make Eeturn of their Inquisition 
on the back of the order to the judge of probate, as 
follows : 

To the Honorable W. C. (7., Judge of Probate for the 
County of Hillsborough. 

The subscribers, selectmen of the town of IS"., in said 
county, in compliance with the within order, having 
gone to the within named A. B., and, being all present 
together, made of him a careful inquiry and examina- 
tion, by the best means in our power, as to his capacity, 
and as to his being an insane person and incapable of 
taking care of himself, and having made careful inqui- 
sition thereinto by the examination of other persons, 
we are of the opinion that the said A. B. is an insane 
person, and incapable of taking care of himself. 

In witness whereof we have hereunto set our hands, 
this ninth day of July, 1858. 

G. H.) 

B. T. [ Selectmen of JSf . 

L. B. 3 



834 



GUARDIANSHIP OF SPENDTHRIFTS 



6. '' It is clearly the duty of selectmen in these cases 
to go to the person to whom the inquisition relates, 
and there diligently inquire as to his capacity. In 
many cases there can be no difficulty in ascertaining 
the fact, but in some cases there may be doubt. The 
state of a man's mind can be known only from what 
he does and from what he says. Generally a conver- 
sation for a short time with the person would enable 
selectmen to settle the fact. Where that is found not 
satisfactory, they should inquire into his conduct 
and his management of affairs, by witnesses under 
oath. When they have found the fact, whether insane 
or not insane^ (whether he belongs to either of the 
classes mentioned in section 2) they should distinctly 
return it to the judge of probate.'^ 4 N. H. R. 68. Evi- 
dence that he is old, or less careful of his property, is 
not sufficient. 8 Mass. B, 129 ; or that his memory is 
impaired, without saying that his reason is impaired. 
4 N, H. B. 68. 

7. If, upon the return of such inquisition, and due 
examination had, it shall be decreed that such person 
is insane, the judge shall appoint a guardian over such 
person; but no such decree or appointment shall be 
made until such person shall have been cited to appear 
and show cause against the same. B. S. ch. 150, sec. 11 ; 
a S. ch. 159, sec. 11. 

8. Any person who, by excessive drinking, gaming, 
idleness, debauchery, or vicious habits of any kind, 
shall so waste, spend, or lessen his estate, or shall so 
neglect to attend to any useful calling or business for 
which he may be capable, as thereby to expose himself 
or his family, or any of them, to want or suffering cir- 
cumstances, or to endanger or expose the town to which 
he belongs, in the judgment of the selectmen of the 
town in which he resides, to expense for the support of 
himself, or any of his family, shall be deemed a spend- 
thrift. Ibid., sec. 12. 

No person is a '' spendthrift,^^ within the meaning of 
this section, however idle or extravagant he may be, 
unless he thereby exposes himself or family to want, or 
the town to expense for the support of himself or fam- 



AND INSANE PERSONS. 385 

ily. The object of these provisions is solely the pre- 
vention of pauperism. 

9. Upon complaint thereof in writing, made to the 
judge of probate for the county where such person re- 
sides, by said selectmen, or by any relative of such per- 
son, said judge shall appoint a day of hearing, and if, 
upon due notice and examination had, it shall appear 
that such person comes within the description in the 
preceding section, said judge shall appoint a suitable 
person to be guardian over such spendthrift. B. S. ch. 
150, sec. 13, as amended by Laws of 1850, ch. 998 ; 0. S. ch, 
159, sec. 18. 

10. The Form of a Complaint, under section 6, may 
be: 

To the Honorable the Judge of Probate for the County of 
Hillsborough. 

The subscribers, selectmen of the town of IST., in said 
county, respectfully represent, that in their judgment 
T. E., of said N., does, by excessive drinking, so waste, 
spend or lessen his estate as thereby to expose himself 
or his family to want or suffering circumstances, and 
also to endanger and expose said town of N. to ex- 
pense for the support of himself or family : 

They therefore pray that your Honor w^ould appoint 
some person or persons as guardian or guardians to 
the said T. B., agreeably to the law of the State in 
such case made and provided. 

Dated at said I^., this third day of May, 1858. 

T. F.') 



W. S. y Selectmen of N . 

J. T.) 

If the cause is any other than ^' excessive drinking j' 
it should be stated distinctly in the complaint, and 
more than one cause may be stated in the complaint. 
Evidence of the facts so stated should be furnished to 
the court of probate, and this is done in most cases by 
witnesses produced at court at the time and place of 
hearing. Depositions may sometimes be used. 

11. Every such guardian shall give bond to the 



336 GUARDIANSHIP OF SPENDTHRIFTS 

judge of probate; shall give notice of his appointment, 
by posting up a notice thereof in the town ; shall re- 
turn an inventory, and take care of his ward, as pro- 
vided in the R. S. ch, 150; C. S. ch. 159. 

12. Every guardian appointed over any spendthrift 
shall inculcate habits of sobriety and industry in his 
ward, and may employ his ward, or the children of his 
ward, in any suitable labor, or bind them out to labor, 
by a written contract for a term not exceeding one 
year. Ibid., sec. 19. 

13. No bargain or sale of real or personal estate, 
and no contract of any nature whatever, made by a 
person under continuance of such guardianship, shall 
be valid in law. Ibid., sec. 20. 

14. No such bargain, sale or contract shall be valid 
if made after an attested copy of any complaint pre- 
sented to a judge of probate upon which a guardian 
shall be appointed, and the order of notice thereon 
shall have been filed with the clerk of the town in 
which the person complained of resides, unless the 
guardian, by an instrument under his hand and seal, 
shall afterward approve and ratify the same. Ibid., 
sec. 21. 

15. The judge, upon petition and after due notice, 
may remove any guardian, whenever in his opinion it 
may be necessary or expedient, and appoint another 
in his stead. Ibid., sec. 29 ; C. S. ch. 159, sec. 34. 

16. If the cause for which any guardianship was 
granted has ceased or is removed, such guardianship, 
upon like petition and notice, shall be revoked. It. S. 
ch. 150, sec. 30 ; G. S. ch. 159, sec. 35. 

17. Any legal guardian, upon the return of the inven- 
tory of the personal estate of his ward, may apply to 
the judge of probate by due petition for the sale there- 
of; and said judge of probate may, by license, authorize 
the sale thereof at public auction ; and in all cases when 
it shall appear that said guardian has conducted the 
sale of said property with all due fidelity, then the 
judge of probate, in the settlement of the account of 
said guardian, shall charge him with the amount of said 
sales at the auction prices. Statutes of 1844, ch. 135, sec, 
1 ; as. ch. 159, sec. 22. 



AND INSANE PERSONS. 337 

18. When it shall appear, to the satisfaction of the 
judge of probate, upon the representation of the guard- 
ian of any insane person or spendthrift, that the estate 
of his said ward may not be sufficient to discharge the 
just debts due therefrom, then, upon due application 
made to said judge of probate by said guardian, he may 
decree that the said estate be settled as an insolvent 
estate. And in all such cases, such proceedings shall 
be had, decrees made, appeals allowed, suits disposed 
of, and the accounts of said guardian adjusted, in the 
same manner as is now by law provided in cases of 
insolvent estates of deceased persons. Laws of 1844, 
ch. 135, sec. 2 ; G. S. ch. 159, sec. 30. 

19. In all cases where the estate of any insane per- 
son or spendthrift under guardianship, shall, by virtue 
of the decree of any judge of probate in this State, be 
settled as an insolvent estate, and a dividend or divi- 
dends upon the claims of the creditors of such estate 
shall be declared, and the whole amount of such claims 
shall not be satisfied by the decree and payment pur- 
suant to the same, then any and all such balances 
remaining due to the creditors as aforesaid shall sur- 
vive against the estate of said wards, during the 
existence of said guardianship, and for the term of 
three years after such disability shall be removed. 
Statutes of 1844, ch. 136 ; C. S. ch. 159, sec. 31. 

20. That when any person shall become insane, in 
any town or place in this State, it shall become the 
duty of the selectmen of such town or place where 
such insane person resides, to examine into the pecuni- 
ary circumstances of such insane person, and also of 
those by law required to support such insane person, 
and to embody all the facts relative to their pecuniary 
circumstances, in an affidavit sworn to, and to transmit 
a copy of such affidavit to the county commissioners 
where such insane person resides. JLaws of 1856, ch. 
1835, sec. 1. 

21. It shall be the duty of the county commissioners) 
upon an affidavit of the selectmen of any town within 
their ^county, (said affidavit to conform to the first sec- 
tion of this act) to examine into the circumstances, 
and if they are of opinion that such insane person, or 



338 



DUTY OP SELECTMEN RELATIVE TO 



his relatives by law required to provide for them^ are 
pecuDiarily unable to support them at the Insane Asy- 
lum, with oat serious detriment to their pecuniary cir- 
cumstances, they shall certify such opinion to the 
selectmen thus making application, whose duty it shall 
be to remove such insane person to the Insane Asylum, 
there to be supported at the expense of the State. 
Zaws of 1856; ch. 1835, sec. 2. 



CHAPTER 48. 



OF THE DUTY OF SELECTMEN EELATIVE TO AP- 
PRENTICES AND INSANE PAUPERS. 



1. Minors, how bound out. 

l,a. Overseers act as public offi- 
cers in binding out minors. 

1,6. Such overseers have no pow- 
er to discharge such inden- 
ture. 

2. Indentures, requisites of. 

3. Indentures, by whom kept. 

4. Form of indentures. 

5. Form of approbation thereon. 

6. Duty to protect apprentice. 

7. Form of complaint therefor. 

8. Form of warrant thereon. 



9. Proceedings before justice. 

10. Form of justice's order. 

11. Insane sent to hospital, when. 

12. Form of petition in such case. 

13. Insane in jail, when sent. 

14. Insane town pauper, how sent. 

15. Insane county pauper, how 

sent. 

16. Expense of support, recover- 

ed. 

17. Insane sent by friends, when. 

18. Form of bond to the hospital, 

and general remarks. 



1. Children under the age of fourteen years may be 
bound as apprentices or servants until that age, with- 
out their consent, by their father, if living ; or, if not 
living, by their mother or guardian ; and if such child 
has no parent or guardian, he may bind himself, with 
the approbation of the selectmen or overseers of the 
poor of the town where he resides. B, S, ch. 151, sec, 
1; G, S. ch. IQO, sec, 1, 

The Revised Statutes seem to have made .some 
changes in the laws relative to binding out minors with 
the approbation of the selectmen. No such approba- 



APPRENTICES AND INSANE PAUPERS. 339 

tion seems to be made necessary by the statute, except 
in cases where the minor is ^^ under the age of fourteen 
years/^ and " has no parent or guardian/^ and the bind- 
ing out can only be " until that age^' — fourteen years. 
It may be proper enough, however, to certify their ap- 
probation on any indentures of a minor having no pa- 
rent or guardian. Formerly, the statute required an 
approval in such cases, and authorized a "binding out 
until the age of twenty-ODe. When the minor arrives 
at the age of fourteen, new indentures may now be 
necessary. 

l,a. Overseers of the poor, in binding out paupers as 
apprentices, act as public officers and not as agents of 
the town. 10 Foster B, 104. 

1,6. Such overseers have no power to release or dis- 
charge any of the stipulations of the indentures. 10 
Foster B. 104. 

2. No minor shall be bound, as aforesaid, except by 
an indenture of two parts, signed, sealed and delivered 
by both parties ] and when the minor shall bind him- 
self, with the approbation of the selectmen or over- 
seers of the poor, as aforesaid, such approbation shall 
be certified in writing, signed by them on each part of 
the indentures. Ihid., sec. 3. 

3. One part of said indentures shall be kept by the 
master or mistress, and the other part by the parent 
or guardian of the minor; or, if approved by the 
selectmen or overseers of the poor, by the town-clerk 
of the town, in trust for said minor. Ibid., sec, 4. 

4. The Form of the Indenture in section 1, may 
be : 

THIS INDENTUEE, made between A. B., a minor 
under the age of fourteen years, having no parent or 
guardian, and residing in the town of ^N'., in the county 
of H., of the one part, and 0. D., of said JN"., of the other 
part, 

WITNESSETH. 

That the 'Said A. B., with the approbation of the 
selectmen of said N., hath bound and doth hereby bind 
himself unto th^said 0. D.; as an apprentice to learn 



\ 



340 DUTY OF SELECTMEN RELATIVE TO 

the trade and business of a farmer, and to live with 
and serve him faithfully as an apprentice, from the 
date hereof until the tenth day of J une, 1860, at which 
time he will be of the age of fourteen years ; and dur- 
ing all said time he shall obey the lawful commands of 
his said master, and conduct himself as a faithful ap- 
prentice ought to do. 

And the said C. D., on his part, for the consideration 
aforesaid, covenants that he will faithfully teach his 
said apprentice, or cause him to be taught the said 
trade or business of a farmer, in the best manner he 
can, and will cause him to be taught to read, write and 
cipher, and will furnish him with proper and suffi- 
cient clothing, food and necessaries, both in sickness 
and in health during said term. 

[Here insert any other conditions.] 

In witness whereof the said parties have hereto set 
their hands and seals, the third day of May, eighteen 
hundred and fifty-eight. 

Signed, sealed and delivered A. B. 1 (seal.) 

in presence of C. D. J (seal.) 

5. The Form of the Selectmen's Approbation, 
w^hich may be put on the back of each part of the 
indentures, may be : 

This certifies that we, the subscribers, selectmen 
of the town of N., have examined the within indentures, 
executed by A. B. and C. D., and the agreements 
therein contained, and we hereby certify our approba- 
tion of the same. 

Witness our hands at said 'N., this third day of May, 
eighteen hundred and fifty-eight. 

A. B. 



C. D. I Selectmen of N . 

E. F.) 

6. All parents, guardians, selectmen or overseers, as 
the case may be, shall inquire into the usage of the 
minors bound out as aforesaid, and defem^r them from 
the cruelty, neglect, or breach of coi^nant of the 
master; and may make complaint jtnere of to any 



/ 



APPRENTICES AND INSANE PAUPERS. 341 

justice, who shall notify the parties, and hear and de- 
termine such complaint. B. S. ch. 151, sec. 7 ; 0. S. ch. 
160, sec. 7. 

7. The Form of the Complaint in such case may be : 

To J. H., Esquire, one of the Justices of the Peace in and 
for the County of H. 

Complain T. D., C. P. and L. G., selectmen of the 
town of 'E., in said county, that A. B., a minor, under 
the age of fourteen years, having no parent or guard- 
ian, and residing in said town, with the approbation of 
the selectmen of said town, on the third day of May, 
in the year eighteen hundred and fifty-eight, bound 
himself by indenture to C. D., of said N., as an appren- 
tice to learn the trade or business of a farmer, from 
that date until the tenth day of June, in the year eight- 
een hundred and sixty, at which time he will be of the 
age of fourteen years; wherein, in consideration of 
covenants on the part of said A. B., the said C. D. did 
covenant that he would faithfully teach, or cause him 
to be taught the trade or business of a farmer : 

[Here insert all the covenants of C. D. ia the indentures which are 
broken. 1 

And the said A. B., on said third day of May, 
went to reside with the said C. D., and has resided 
with him and served him faithfully ever since that 
time ; and during all said time has obeyed all the law- 
ful commands of his said master ; and conducted him- 
self as a faithful apprentice ought to do ; yet the said 
C. D., unmindful of his said covenants has neglected 
to cause said apprentice to be taught to read, write 
and cipher. 

[Or set out the ill conduct of the master complained of.] 

All which is against the peace and dignity of the 
State, and contrary to the statute in such case made 
and provided : Wherefore your complainants pray pro- 
cess that the said C. D. may be directed to appear 
before you\jid show cause why the said A. B. should 
not be disch^lc^ed from his said indentures, and from 
the service of sWd C. D., and also recover of said C. D. 



\ 



342 DUTY OF SELECTMEN RELATIVE TO 

his damages by him sustained by reason of the breach 
of covenant of the said C. D.^ and costs. 

T. D.^ 



C. P. y Selectmen of N . 

L. G.j 

H ss., May 10, 1858. Then appearing the said 

T. D. and C. P.^ made oath that the foregoing com- 
plaintj by them signed^ is in their belief true. Before 
me — 

J. H._, Justice of the Peace, 

The complaint should name the parties and set out 
the promises on both sides^ as near as may be in the 
words of the indenture, and the matter complained of 
should be distinctly stated. J|@°* Compare the com- 
plaint in this section with the indentures in section 4. 

8. The Form of the "Warrant in such case may 
be: ^ 

THE STATE OP NBW-HAMPSHIEB. 

[L. S.] Hillsborough ss. To the Sheriff of said County, 
or his Deputy y or either of the Constables of the Town of 
N.y in said County. 

"Whereas complaint has been made to me, J. H., one 
of the justices of the peace in and for said county, upon 
oath as aforesaid, against C. D., of said N. : In the 
name of said State you are commanded to summon the 
said C. D. to appear before me, at my dwelling-house, 
in said IST., on the twenty-fifth day of May instant, to 
answer to said complaint, by giving to the said C. D. 
in hand, or leaving at his usual place of abode, a true 
and attested copy of said complaint and of this order 
thereon, fourteen days before said day of hearing. 
Hereof fail not and make due return thereof 

Given under my hand and seal, this tenth day of 
May, in the year eighteen hundred and fifty-eight. 

J. H., Justice of the Peace. 

9. If the complaint is supported, the^justice may 
render judgment that such minor be discharged from 



/ 



APPRENTICES AND INSANE PAUPERS. 343 

his said indentures, and that the master shall pay all 
damages sustained by the minor from such neglect, 
cruelty or breach of covenant; but if said complaint is 
not sustained, the justice shall award costs to the re- 
spondent ; and in either case execution may issue there- 
for. B. S. ch, 151, sec. 8; G. S. ch. 160, sec. 8. 

10. The Form of the Justice's Eecord of Convic- 
tion may be : 

Hillsborough ss. Be it remembered, that on the 
twenty-fifth day of May, in the year eighteen hundred 
and fifty-eight, at a justice's court, holden before me, J. 
H., one of the justices of the peace in and for said 
county, at my dwelling-house, in N., in said county, to 
hear and determine upon the complaint, on oath of T. 
D., C. P. and L. G-., selectmen of said IST., for that A. B., 
a minor, 

[Here copy the rest of the complaint.] 

And on the said twenty-fifth day of May the said C. D., 
having been duly notified, both parties appeared, and 
the said CD. having pleaded not guilty to said com- 
plaint, and having heard all the proofs and allegations, 
both on the joart -of the said selectmen and of the said 
C. D., it appearing to me that the complaint is just and 
true : It is therefore ordered by me, the said justice, 
that the said A. B. be discharged from the obligation 
of his said indenture, and from the service of the said 
C. D., and that the said complainants recover of the 
said C. D., for the use of said A. B., the sum of fifty dol- 
lars, for damages by him sustained by reason of the 
aforesaid breaches of his covenant on the part of the 
said C. D., and also costs of this prosecution, taxed at 
ten dollars and thirty-three cents. 

J. H., Justice of the Peace. 

Execution for costs and damages may be issued in 
the common form. 

11. If any insane person is in such condition as to 
render it dangerous that he should be at large, the 
judge of probate, upon petition by any person, and such 
notice to the selectmen of the town in which such in- 



344 DUTY OP SELECTMEN RELATIVE TO 

sane person is, or to his guardian, or any other person, 
as the judge may order, which petition may be filed, 
notice issued, and a hearing had in vacation or other- 
wise, may commit such insane person to the asylum. 
B. 8. ch. 9, sec. 11 ; G. S. ch, 9, sec, 11. 

12. The Petition in such case may be as follows : 
To the Honorable W. C, (7., Judge of Probate for the County 

of 11. 

EespectfuUy represents A. D., of F., in said county, 
that C. D., of said F., is an insane person, and is now in 
such condition as to render it dangerous that he should 
be at large : Your petitioners therefore request your 
Honor to cause notice to be issued on this petition, and 
a hearing thereon had as soon as may be, and that upon 
proceedings duly had the said C. D. may be ordered to 
be committed to the New-Hampshire Asylum for the 
Insane, according to the law in such cases made and 
provided. 

A. B. 

F—, May 3, 1858. 

The proceedings on such petition will be regulated 
by the judge of probate, on proper evidence. If the 
petition is not signed by some near relative, it had bet- 
ter be signed by several individuals, some of whom are 
known to the judge, if convenient ; as such a petition 
would meet with more consideration, and negative all 
ideas of improper management. 

13. If any insane person is confined in any jail, the 
court of common pleas may order him to be sent to the 
asylum, if they shall think it expedient. B, S. ch. 9, 
sec. 12 ; a S. ch. 9, sec. 12. 

14. Any insane pauper supported by any town may 
be sent to the asylum by the order of the overseers of 
the poor of such town, and there supported at the ex- 
pense of such town ; and such expense may be recovered 
by such town of the county, town, or person charge- 
able with the support of such person, in the same man- 
ner as if he had been supported in and by the town. 
Ibid.j sec. 13. 

15. If the overseers neo-lect to make such order in 



APPRENTICES AND INSANE PAUPERS. 345 

relation to any insane county pauper^ the court of com- 
mon pleas, or any two judges thereof, in vacation, may 
order such pauper to be sent to the asylum, and there 
supported at the expense of the county. Ihid., sec. 14. 
If the overseers neglect, some individual should 
apply to the court for this purpose, and procure an 
order. 

16. Any insane person, committed to the asylum by 
any court or judge of probate, shall be supported by 
the county from which he was committed, and any sum 
so paid may be recovered by the county of any county, 
town, or person chargeable with his support. Ihid,^ 
sec, 15. 

17. The parent, guardian, or friends of any insane 
person may cause him to be sent to the asylum, with 
the consent of the trustees, and there supported on 
such terms as they may agree. Ibid., sec. 16. 

18. When a pauper is received into the Insane Hos- 
pital, a bond for the payment of his board is required, 
with sufficient sureties, and a certificate from the select- 
men, or some person, that the signers are responsible 
for the amount of the bond. The Form of the Bond 
is as follows : 

Whereas A. B., of N"., in the county of H., and State 
of New-Hampshire, a lunatic, has been admitted as a 
boarder in the New-Hampshire Asylum for the Insane, 
I, C. D., of said N., as principal, and we, E. F. and 
G. H., of said N., as sureties, do jointly and severally 
promise to pay to the said Asylum two dollars and 
seventy-five cents per week, for the board of the said 
A. B. at said Asylum, for the term of thirteen weeks, 
(if he has been insane less than one year) or for the 
term of twenty-six weeks, (if he has been insane more 
than one year) unless sooner cured, or in the opinion 
of the superintendent had better leave the Hospital, 
and for as much longer period as he shall remain at 
said Asylum; and also to pay such reasonable extra 
charges as may be occasioned by the said A. B. requir- 
ing more than ordinary care and attention, and for 
damage, by said A. B. done to the property of said 
Asylum, not exceeding in any case twenty-five dollars ', 
16* 



346 DUTY OP SELECTMEN RELATIVE TO 

and to assist in returning the said A. B. to the said 
Asylum in case he shall escape therefrom, and to re- 
move said A. B. from said Asylum when required to do 
so by said superintendent; and to pay funeral charges 
in ease of death, and to make said payments quarterly. 

Witness our hands and seals this day of , 

1858. 

CD.*) {seal) 
E. P. [ {seal) 
G, H. ) (seal) 

Woy the subscribers, hereby certify that the obligors 
of the above bond are amply responsible for the per- 
formance of the agreements therein contained, and we 
have no doubt that it will be promptly and fairly com- 
plied with. 

D. D. 

L. B. 

The price now fixed for board at the New-Hampshire 
Asylum, at Concord, is $2.75 per week. This is very 
much lower than the price usually charged in such 
cases. It is a great object with towns and individuals 
to send the insane in the early stages of the disease, 
and the earlier the better. In recent cases, as, where 
the patient is sent to the hospital within six months 
after the first attack, nearly ninety out of every hun- 
dred may be cured. If it is delayed longer, the chance 
of cure will be growing less and less yearly, till, after 
the disease has been seated several years, not more 
than one in three or four recover. 

Insanity is now proved to be a disease of the brain, 
and curable like other diseases, by skillful treatment. 
When the mind becomes excited, however, it is impor- 
tant to remove the person from the scenes and persons 
which are familiar, to some place where he may be kept 
quiet and comfortable. The insane often consider their 
nearest friends to be their enemies, and the sight of 
them increases their insanity, by keeping them con- 
stantly excited. In such cases the fears of friends are 
alarmed, and the insane are sometimes subjected to cru- 
elties and hardships which are dreadful. Such cruelty 



APPRENTICES AND INSANE PAUPERS. 347 

is entirely unnecessary if the patient is removed to the 
Hospital. I^ot one in'a hundred have any restraint at 
all imposed on them, and the severest is a muffle on the 
hands, to prevent injury. 

The price of board is only such as, when the Hospital 
is full of patients, will barely defray its expenses. No 
trustee receives any compensation for his services. The 
Hospital is the property of the State and under its care. 
It is a charitable institution, and will be a blessing to 
that class of sufferers for whom it was designed. There 
are now many public hospitals in the New-England 
States, and so beneficial and satisfactory have been 
their results, that others are now called for and will 
soon be erected. 

When we consider that insanity does not shorten life, 
that it grows worse by delay, that the insane are gen- 
erally objects of fear or disgust, that towns and individ- 
uals possess no proper places for their safe and com- 
fortable keeping, that cruelty is and must be practiced 
toward them, and that they may be rendered com- 
fortable, safe and happy, and perhaps restored to their 
right mind at a small expense, it is manifest that not 
only charity to the insane, but even a true economy, 
requires that they should be sent to the Hospital. 
'^ What ye would that others should do to you, do ye 
even so to them.'^ 



TITLE YII. 



OF THE PEESEEVATIOIT OF PEACE, HEALTH, 
AI^D GOOD OEDEE IN TOWNS. 

Chapter 49. Of fires and firewards. 

Chapter 493- Of engineers. 

Chapter 49,C. Of village precincts and hook and ladder 
companies. 

Chapter 50. Of police regulations. 

Chapter 51. Of houses of correction and the punish- 
ment of idle and disorderly persons. 

Chapter 52. Of police oflacers, constables and watch- 
men. 

Chapter 53. Of the sale of spirituous liquor. 

Chapter 54. Of Sunday and religious meetings. 

Chapter 55. Of the safe-keeping of gun-powder. 

Chapter 56. Of nuisances and contagious diseases. 

Chapter 57. Of shows and exhibitions. 

Chapter 58. General provisions relating to this Title. 



CHAPTER 49. 



OF FIRES AND FIREWARDS. 



1. Organization of board. 

2. Duties and badge at fire. 

3. Power over engines and per- 

sons. 

4. Fires in streets removed. 



5. Penalty for not obeying fire- 

wards or assuming badge. 

6. Stealing at fires. 

7. Regulations for fires made. 

8. Breach thereof, penalty. 



FIRES AND FIBEWARDS. 



349 



9. Engine men appointed. 

10. Term of office and exemption. 

11. Buckets and ladders required. 

12. Provided by firewards, when. 

13. Tenant's remedy for expense. 

14. Building removed to stop fire. 

15. Damage therefor paid. 

16. How recovered of town. 

17. Building, notice to repair. 

18. If owner resides out of town. 

19. Repairs made by firewards. 



19,6. Notice in newspapers. 

20. Repaired without notice, 

when. 

21. Building ruinous, torn down. 

22. Money to firewards advanced. 

23. Penalties, how recovered. 
23,6. Engine men to be paid. 

23 ,c. Certificate of persons doing 
duty, to be returned. 

24. This chapter, when enforced. 

25. Powers of firewards. 



1. The firewards of each town shall choose a chair- 
man and clerk, whose signature to any notice, or other 
writing required to be given by the firewards, shall be 
valid and sufficient. B. S. ch. Ill, sec, 1 ; G. S. ch. 114, 
sec. 1. 

No mode of organizing the board of firewards is 
provided. It seems proper, however, that the choice 
of chairman and clerk should be made at a meeting of 
the firewards, at which all should be notified to attend, 
and the choice should be actually made by a majority 
of the whole number. A Certificate of the Choice, 
signed by a majority of the firewards, and left with 
the clerk, will perhaps be the best evidence of such 
choice, and may be as follows : 

To whom it may concern: This certifies that A. B. has 
been chosen chairman, and C. D. clerk of the board of 
firewards of the town of N., for the year ensuing. 



N , IforcA 15, 1858. 



E. T. 
G. H. 
I. J. 



Firewards 

of said 
town of JV. 



The clerk should keep a record of all the proceed- 
ings of the board, and of all notices and appointments 
made by the board, and sign the same like other clerks. 

2. The firewards shall forthwith repair to the place . 
where any fire may break out, with their badge of 
office, which shall be a pole five feet long, painted red, 
and exert themselves, and require assistance from all 
persons present, to extinguish and prevent the spread- 
ing of such fire, and to remove all property endanger- 
ed thereby, and appoint guards to take care thereof. 



350 EIRES AND EIREWARDS. 

and suppress all tumults and disorders with force, if 
necessary. Ihid., sec. 2. See cli. 49;B; sec. 10 ; and also 
ch. 49,C. 

3. They shall have, at all times, the control of all 
fire-engines, fire-hooks, hose and other implements de- 
signed or used for the extinguishment of fire in such 
town, and the control of all persons appointed to serve 
in any engine, axe or hose company, or other associa- 
tion whose duty shall be to aid in extinguishing or 
preventing the spreading of fire, in all things apper- 
taining to their appointment, and power to direct and 
control the labor of all persons present at any fire. 
Ihid., sec. 3. 

4. Any fireward may and shall cause any fire deem- 
ed by him to be dangerous, in any street or on any 
wharf, to be extinguished or removed. R. 8. ch. 111, 
sec. 4:) C. S. ch. 114, sec. 5. 

5. If any person, present at any fire, shall neglect or 
refuse to obey the commands of the firewards, or any 
of them, or shall unlawfully assume the badge of office 
of any fireward, he shall be liable to a penalty of not 
less than five nor more than fifty dollars. B. 8. ch, 
111, sec. b', a 8. ch. lU, sec. Q. 

6. If any person, at any fire, shall plunder, embezzle, 
convey away or conceal any goods or property, and 
shall not forthwith deliver the same, or give informa- 
tion thereof to the owner, if known, otherwise to one of 
the firewards or selectmen, he shall be deemed guilty 
of larceny. B. 8, ch. Ill, sec. 6 ; C. 8. ch. 114, sec. 7. 

7. The firewards of any town may establish such 
regulations respecting the kindling, guarding and safe- 
keeping of fires, for the prevention and extinguish- 
ment of fires, and for the removal of shavings and 
other combustibles from any building or place, as they 
shall think expedient. Such regulations shall be signed 
by the major part of the firewards, recorded by the 
town-clerk, and copies of such record, attested by the 
town-clerk, posted up in two or more public places in 
the town, thirty days before they shall lake eff'ect. 
B. 8. ch. Ill, sec. 7 ; G. 8. ch. 114, sec. 8. 

The Form of such Eegulations may be : 



FIRES AND PIREWARDS. 351 

Regulations established by the Firewards. ■ 

By virtue of the authority in us vested by law^ we, 
the subscribers^ a majority of the firewards in the town 
of 'N,, in the county of H., do estabKsh the following 
regulations respecting the kindling, guarding and safe- 
keeping, and for the prevention and extinguishment of 
fires, to be in force in said town. 

I. No person shall place or keep any ashes in any 
wooden vessel, under a penalty of ten dollars for each 
offence. 

II. JSTo person shall keep any friction matches, ex- 
cept in a vessel of metal, or in some incombustible 
place, under a penalty of ten dollars. 

III. No person, &c., &c. 

Given under our hands at N., this first day of April, 
1858. 

P. G. ") Firewards 
H. L. [ of the 
M. O. 3 town of jSr. 

A true copy — Attest : E. M., Town- Clerk. 

8. Penalties, not exceeding twenty dollars for each 
offence, may be prescribed by the firewards for the 
breach of such regulations, and such regulations shall 
remain in force until altered or annulled by law, or by 
the firewards of the town. B. S. ch. 111, sec. 8 ; C. S. 
ch. 114, sec. 9. 

9. The firewards shall appoint engine men and hose 
men, not exceeding eighteen to each engine or hose 
company. If a greater number is necessary to any 
engine, in the judgment of the selectmen, the fire- 
wards, with the selectmen, may appoint, not exceeding 
twenty-two, additional men. They shall be appointed 
by warrant, signed by the chairman and clerk of the 
firewards, and by the selectmen, when they join in the 
appointment, and recorded by such Clerk. B. S. ch. Ill, 
sec. 9 ; G. S. ch. 114, sec. 10. 

The Form of the Appointment by the firewards 
may be : 

At a meeting of the firewards of the town of N., 



352 FIRES AND FIREWARDS. 

duly holden, the following persons : viz., A. B., C. D., 
E. ¥., 

[Insert all the names.] 

were appointed members of Engine Company 'No. 1, 
in said town, for the ensuing year, and until discharged 
according to law. 

Witness our hands, at N., this first day of April, 1858. 

P. P., Chairman of said Firewards, 
j^. L., Clerk of said Firewards. 

If the selectmen unite in the appointment, after the 
words, "at a meeting of the firewards,^^ add — and 
selectmen — and they should also sign the certificate of 
appointment. The certificate should be recorded by 
the clerk of the firewards. 

10. Such appointments shall continue in force until 
they shall resign, remove from town, or be discharged 
by the firewards, and such discharge recorded by their 
clerk; and they shall be exempted from serving on 
juries and from military duty, as provided in the law 
relating to the militia. B. S. ch. Ill, sec. 10 ; C. 8. ch. 
114, sec. 11. 

11. Every house or building, with fire-places or 
stoves, shall have thereon a good secure ladder or lad- 
ders, reaching from the ground to the ridge-pole, and 
shall be provided with one leathern bucket, of such size 
and form as the firewards may prescribe, for every two 
fire-places or stoves in such house; and if the owner 
shall not provide and keep in repair such buckets and 
ladders, he shall be liable to a penalty of six dollars 
for every three months' neglect. B. S. ch. Ill, sec. 
11; C. S. ch. lU, sec. 12. 

12. In case of such neglect, the firewards may give 
notice to the owner, or to the occupant, if the owner is 
unknown, or does not reside in town, to provide such 
buckets and ladders ; and if the same shall not be pro- 
vided within thirty days after, they shall provide the 
same at the expense of the town, and the town may 
recover the same of the owner, or of the occupant, if 
the owner is unknown, or does not reside in town, by 
an action of debt, to be brought by the firewards in 



FIRES AND FIREWARDS. 353 

the name of the town. R. S. ch. Ill, sec, 12 ; C. S. cJu 
114, sec. 13. 

The Form of such Notice may be : 
To A. JB., of a 

You are hereby notified that the dwelling-house 
owned by you, situated on East street, in said C, is now 
destitute of a good secure ladder thereon, reaching from 
the ground to the ridge-pole, and also of two leathern 
buckets, which ladder and buckets the law, in such 
case made and provided, adopted by said town, re- 
quires you to provide within thirty days. 

By direction of the firewards of said town. 

P. F.,' Chairman. 
May 3, 1858. D. D., Clerk, 

13. Any tenant, who shall be obliged, by virtue of 
this act, to pay any money which the lessor ought to 
have paid, may retain the same out of his rent, or re- 
cover the same of the lessor by action. R, S, ch. Ill, 
sec, 12 ; C, S. ch. 114, sec. 14. 

14. The major part of the firewards, present at any 
fire, may cause any building or thing whatever to be 
pulled down, blown up or removed, that they shall 
judge necessary to stop the progress of such fire, and 
any fireward may require assistance from any person 
present at such fire, for that purpose. E. S. ch. Ill, 
sec. 14 ; C. S. ch. 114, sec. 15. 

15. The selectmen, on application, shall appraise the 
damage done to any building or thing, by order of the 
firewards, as aforesaid, assess a tax for the payment 
thereof, and make compensation therefor to the owner, 
unless it shall appear that the fire began in such build- 
ing, or that the same must have been burned if it had 
not been destroyed or removed. E. S. ch. Ill, sec. 15 ; 
a S. ch. 114, sec. 16. 

16. Upon the refusal of the selectmen, or their neg- 
lect, for three months after such application, to appraise 
such damage and assess such tax, the party injured 
may petition the court of common pleas for redress ; 
and such court, after due notice to the town, shall as- 



354 FHIES AND FIREWARDS. 

certain such damages^ and render judgment and issue 
execution therefor, and for costs, against the town. 

B, 8. ch. Ill, sec, 16 ; 0. >S^. cli. 114, sec, 17. 

17. The firewards shall give written notice to the 
owner of any building by them deemed to be danger- 
ous by reason of decay, want of repairs, or otherwise, 
to repair or alter the same, which notice shall contain 
a particular account of the repairs or alterations re- 
quired to be made. R. S. ch. 111, sec. 17 ; C. S. ch. 114, 
sec. 18. 

The Form of the Notice in such case may be : 
To A. B., of a 

You are hereby notified that the building on Broad- 
street, in said C, ownied by you, and row occupied by 
D. P., is in our opinion dangerous by reason of want of 
repairs, and that the following repairs are required to 
be made in order to render the same secure against fire : 
viz.. 

You are therefore required by the firewards of said 

C, and by virtue of the authority in them vested by 
law, to cause the said repairs to be made to said build- 
ing without delay, under the penalty in such case made 
and provided. 

Witness our hands this third day of May, 1858. 

E. M., Chairman of the Firewards of the Town of . 

C. P., Clerk of said Fireivards. 

18. If the owner do not reside in the town, such no- 
tice may be given to the occupant, if any, and if there 
is no occupant, such notice may be posted up in at least 
three public places in such town. B. S. ch. Ill, sec. 18 ; 
C. S. ch. 114, sec. 19. 

19. If such repairs or alterations are not made 
within thirty days after such notice given or posted 
up, the firewards may cause the same to be made at 
the expense of the town, and the town may recover the 
expense thereof of such owner or occupant, in an ac- 
tion of debt, to be brought by the firewards in the 
name of the town. B. S. ch. Ill, sec. 19 ; C. S. ch. 114, 
sec. 21. 



FIRES AND FIREWARDS. 



355 



19jb. The notice required to be given by sections 17 
and 18, of chapter 111 of the Eevised Statutes, may be 
given by causing the same to be published in two or 
more of the principal newspapers published in the town 
of Portsmouth, and a notice, such as is prescribed by 
said sections, if published three weeks successively in 
said newspapers, shall in all cases be taken and deemed 
as good and suflicient a notice to the owners of the 
buildings in said sections named, as the notice therein 
prescribed : Provided said property is situated in said 
Portsmouth; and all of said sections inconsistent with 
the provisions of this act are hereby repealed. Statutes 
of 1846, ch. 341; C. S. ch. 114, sec. 20. 

20. The firewards, when, in their opinion, the public 
safety may be greatly endangered, unless such repairs or 
alterations are immediately made, may limit a shprter 
period than thirty days, and notice thereof being given 
as aforesaid, may, upon neglect of the owner, make 
such repairs or alterations at the expiration of the time 
so limited. K S. ch. Ill, sec. 20; 0. S. ch. 114, sec. 22. 

21. If such building shall, in the opinion of the fire- 
wards, be so ruinous as to be not worth repairing, and 
such repairs are not made within sixty days after such 
notice, they may demolish the same at the expense of 
the town, and file with their clerk a particular account 
of such expense ; and if the same is not paid within five 
days from such filing, they may sell, at public auction, 
the materials of such building ; and, after deducting the 
said expense and the cost of the sale, shall pay the pro- 
ceeds into the town treasury, to be paid over to the 
owner of the building, upon request. JR. S. ch. Ill, sec. 
21 ; C. S. ch. 114, sec. 23. 

22. The selectmen shall advance to the firewards 
such sums as ma}^ be necessary to carry this act into 
effect ; and the firewards shall, in March, before the 
annual town meeting, render to the selectmen an exact 
account of their receipts and expenditures, to be laid 
before the town, in which all penalties recovered by 
virtue of this chapter shall be accounted for. E. S. ch. 
Ill, sec. 22; C. S. ch. 114, sec. 24. 

23. All penalties incurred by any breach of the pro- 
visions of this chapter, or of any regulation prescribed 



356 FIRES AND FIREWARDS. 

by the firewards, may be recovered by action of debt, 
to be brought by the firewards in the name of the town. 
Such penalties shall be applied to the purchase of en- 
gines, or instruments proper to be used in case of fire, 
or paid into the treasury of the town. R. 8. ch. 111, 
sec. 23 ; C. S. ch. 114, sec. 25. 

23,6. Every engine man who shall personally perform 
all the duties required by law, shall receive, in the 
month of November, annually, the sum of one dollar 
and fifty cents for his services, to be paid by the select- 
men of the town in which he resides, upon satisfactory 
evidence being given them that he has so performed his 
duty : provided^ that no compensation shall be granted 
to any member of slyij engine company, unless such 
company shall, at all times, keep their engine in such 
condition as shall be satisfactory to the selectmen or 
firewards of their respective towns. Laws of 1848, 
ch. 727, sec. 1 ; G. S. ch. 114, sec. 26. 

23,c. Every commanding officer of an engine com- 
pany shall, in the month of October, annually, make a 
list of the persons who have faithfully performed all 
the duties of his company, and certify, under oath, that 
said list contains the names of such persons, and no 
others, and return the same to the selectmen of the 
town in which such company is located, and payment 
shall be made to those only whose names are upon said 
list. Laios of 1848, ch. 727, sec. 2 ] amended by Laws of 
1849, ch. 866; 0. S. ch. 114, sec. 27. 

24. This chapter shall be in force only in such town 
as shall, at a legal meeting, adopt the same ; but any 
towns may adopt a part thereof only, and may exempt 
from the operation of the 11th section such persons as 
live remote from the compact part thereof. H, S. ch, 
111, sec. 24 ; G. S. ch. 114, sec. 28. 

The Article in the Warrant for Town Meeting 
may be : 

To see if the town will adopt the provisions of chap- 
ter 111 of the Eevised Statutes, or any part thereof, 
and will exempt any person from the operation of the 
eleventh section thereof. 

The Vote of Adoption and Eecord thereof may be : 



FIRES AND FIREWARDS. 357 

Voted, That all the provisions of chapter 111 of the 
Revised Statutes be adopted by and in force in this 
town; [if any exception is made, add — except sections'^ 
17, 18, 19, 20 and 21] and that all persons be exempted 
from the operation of the eleventh section thereof who 
live more than one mile from the meeting-house. 

25. Under the provisions of sections 17, 18, 19, per- 
sonal notice must be given to all the owners residing 
within the town, otherwise suit can not be sustained 
against any one of the owners for any portion of the 
expenses incurred. 8 iV. H. R. 838, 340. It is incum- 
bent on the firewards to show that the requirements of 
the statute have been fully complied with ; if not, they 
will be trespassers. It must appear that the building 
exposed the neighboring buildings to the danger of be- 
ing burned, (which is the meaning of dangerous in this 
chapter.) It is also necessary that written notice 
should be given personally to every owner or part 
owner who lives in the town, and that this notice should 
'^ contain a particular account of the repairs or altera- 
tions required to be made.^' When the owner or any 
part owner resides out of town, notice must be given 
to them by leaving a similar written notice with the 
person occupying the house, if any ; otherwise by post- 
ing up like notices " in at least three public places in 
the town.^' Ibid. 

If the firewards enter a building which is dangerous, 
they may make such repairs upon it as are necessary 
to secure it against fire, but no more. If they make 
greater repairs, the entry is illegal, and no part of the 
amount expended can be recovered. The extent of 
their authority is to make such repairs as shall be suffi- 
cient to protect the neighboring buildings from unnec- 
essary exposure to risk of fire, or to insure the same 
end by the destruction of buildings not worth repairing. 
Ibid. 



CHAPTER 49,B. 



OF ENGINEERS. 



1 . Selectmen to appoint engineers. 

2. Cliief engineer, duty of. 

3. Chief engineer, duty at fires. 

4. Assistant engineer, duty of. 

5. Chief engineer to make report. 

6. Repairs, how made. 



7. Chief engineer, compensation 

of. 

8. Board of engineers, powers of. 

9. Act adopted by towns. 

10. Engineer's badge. 

11. Towns to make regulations. 



1. It shall be the duty of the selectmen of each town, 
in the month of March^ annually, to appoint a chief en- 
gineer, and as many assistant engineers as they shall 
think proper, not exceeding twenty, who, together with 
the chief engineer, shall compose the board of engineers 
for the fire department of such town. Statutes of 1844, 
ch. 143, sec. 1] C. S. ch. 115, sec. 1. 

2. It shall be the duty of the chief engineer to keep, 
or cause to be kept in order, all apparatus provided by 
such town for the extinguishment of fire, and to cause 
all cisterns and fountains of water prepared for the fire 
department to be fully supj)lied and kept in perfect 
order. Ibid., sec. 2. 

3. It shall be the duty of the chief engineer to regu- 
late the action and determine the location of all engines 
at any fire, and to direct the mode of operating the 
same, or of any other apj)aratus connected with the fire 
department. Ibid., sec. 3. 

4. It shall be the duty of the assistant engineers to 
aid the chief engineer in all things which he may direct 
relating to the subduing of fire. In case of the absence 
of the chief engineer, the senior assistant engineer pres- 
ent shall perform the duties of chief engineer, and pos- 
sess all his power and authority. Ibid., sec. 4. 

5. It shall be the duty of the chief engineer to report, 
annually, to the town the state of all apparatus under 
his care belonging to the town, and the amount ex- 
pended thereon for repairs. Ibid., sec. 5. 

6. All necessary repairs for any part of the appara- 



OF ENGINEERS. 359 

tu8 provided for the extinguishment of fires shall be 
paid by the selectmen, the bills being first approved by 
the chief engineer. Ihid.j sec. 6. 

7. The chief engineer shall be paid for his services 
such compensation as the selectmen shall think reason- 
able and proper. Ibid., sec. 7. 

8. The board of engineers authorized by this act shall 
be a substitute for the board of firewards now consti- 
tuted by law, and shall possess all the powers, in addi- 
tion to this act, conferred by chapter one hundred and 
eleven of the Eevised Statutes. CA. 14, Compiled Stat- 
utes ; Ibid., sec. 8. 

9. This act shall be in force only in such towns as 
may adopt the same at any legal meeting. Ibid., 
sec. 9. 

10. Any engineer or fireward of any town in this 
State may use, as the badge of his office, either a pole 
five feet long, painted red, or a band, with the word 
'' engineer'^ upon it, round his hat, as the board of en- 
ingeers or firewards of such town may direct. Statutes 
of 1845, ch. 243 ; C. S. ch. 114, sec. 4. 

11. Each town may, at any town meeting, legally 
called for that purpose, make and establish such rules 
and regulations respecting the kindling, guarding and 
safe-keeping of fires, and for the removing of all combus- 
tible materials from any building or place, as the safety 
of the property in such town may require, and may 
appoint, in such manner as may be prescribed in such 
regulations, all such officers as may be necessary to 
carry such regulations into effect, and may affix penal- 
ties, not exceeding ten dollars, for any one offence, to 
be recovered in such manner and appropriated to such 
use as the town may direct. Statutes of 1845, ch. 242 ; 
a S.ch. 32, sec. 8. 



CHAPTER 49,a 



OF VILLAGE FIRE PRECINCTS AND HOOK AND LAD- 
DER COMPANIES. 



7. Precincts may raise money. 

8. Annual meetings of precincts. 

9. Selectmen, power to change 

limits of precincts. 
10. Board of engineers or fire- 
wards may appoint and or- 
«.o«;„« hook and ladder 



11. 



companies. 
Such companies to be under 
the control of the board of 
engineers. 
12. Chapter in force only in such 
towns as may adopt the 
same at a legal meeting. 



1. Selectmen, upon petition, to fix 

precincts. 
l,a. Precinct must include whole 
village. 

2. Selectmen to notify meetings 

in precincts. 

3. Manner of adopting this chap- 

ter. 

4. Firewards of precincts, how 

chosen. 

5. Firewards of precincts, powers 

and duties of. 

6. Voters in precincts may choose 

engineer, &c. 

1. Upon petition of ten or more legal voters, inhab- 
itants of any village situated in any town, or in two or 
more towns in this State, for that purpose, the select- 
men of such town or towns shall fix, by suitable bounda- 
ries, a village precinct, for the purposes hereinafter 
mentioned, including therein the said village and such 
parts of said town or towns adjacent thereto as may 
seem to them convenient, and make a record thereof. 
Laws of 1849, ch, 852 ] G. S. ch. 116, sec. 1. 

l,a. A village precinct, authorized by the act of July 
6, 1849, must include the whole village. 6 Foster R. 307. 

2. And the said selectmen shall notify a meeting of 
the legal voters residing in said village precinct, in the 
same manner in which town meetings are required by 
law to be called, and the notice for such meetings shall 
be posted at two public places in such village, and said 
selectmen shall, from time to time, call like meetings, 
upon the petition of ten or more legal voters of said 
village, in the same manner. Ihid., sec. 2. 

3. The said legal voters at such meetings may, by a 
major vote, adopt the provisions of this act, which 



VILLAGE FIRE COMPANIES. 361 

shall thereupon take effect and be in force in said vil- 
lage precinct. Ihid., sec, 3. 

4. And said legal voters may, by a major vote, adopt 
chapter 143 of the pamphlet laws, [chapter 115, Com- 
piled Statutes] which shall thereupon apply to and be 
in force in said village precinct. The firewards in such 
village precinct shall be chosen by the legal voters 
thereof; and in case of their omission to make such 
choice, said firewards shall be appointed by said select- 
men. Ihid,y sec, 4 ; amended by Laws of 1852, ch, 1312. 

5. The said firewards and the engine men and hose 
men by them appointed shall in the said precinct have 
the same powers, duties and immunities as the like offi- 
cers chosen or appointed in towns have, by virtue of 
said chapter, [115 Compiled Statutes.] And the said 
voters, or, in case of their omission so to do, said fire- 
wards, shall appoint a clerk, whose duty it shgtfl be to 
keep a record of the doings of said precinct and of said 
firewards, and to make and certify copies thereof lUd,, 
sec, 5. 

6. The said voters may choose an engineer and any 
other officers they may deem necessary, for the care 
and management of their engines and apparatus, and 
for the prevention and extinguishing of fires, and for 
the management of the affairs of said precinct, and may 
prescribe their several powers and duties. Ibid., sec. 6. 

7. The said precinct may, for the purpose of prevent- 
ing and extinguishing fires, provide and keep in repair 
one or more fire engines, hose, hooks, ladders, engine 
houses, and all apparatus usual or necessary for the said 
purpose, and may vote to raise money for said purposes, 
and for other necessary charges and expenses of said 
precinct, which shall be assessed upon the taxable in- 
habitants and property of said precinct, in the same 
manner which is provided by law in case of building 
school-houses in school districts. Ibid., sec, 7. 

8. Annual meetings of said legal voters shall be held 
at such times and places within such villages as said 
voters may determine, of which notice shall be given 
by said clerk in the same manner as is provided by law 
for the annual meetings of school districts. Ibid., sec, 8. 

9. The selectmen of towns in which village precincts 

17 



362 VILLAGE FIRE COMPANIES. 

have been or shall be established in pursuance of the 
provisions of this chapter, shall have power, upon pe- 
tition for that purpose, and due notice to the precincts, 
to change the boundaries of any precinct within their 
respective towns. Laws of 1853, cli. 1421. 

The Forms or Proceeding may be similar to those 
in case of Towns. See chs. 2, 3 and 4, ante. 

10. The board of engineers or firewards of the de- 
partment of any town or city in this State, be, and 
hereby are authorized, in the month of April in each 
year, to appoint and organize a company or companies 
of fire, hook and ladder men, consisting of not less 
than fifteen nor more than twenty in each company, 
subject to the approval of the selectmen or mayor of 
such town or city as may avail itself of the benefit of 
this chapter. Laws of 1849, ch. 863, sec. 1 ; C. S. ch. 
117, seel. 

11. Such companies, when organized, shall be under 
the direction and control of the said board of engineers 
of such town or city, in the same manner as companies 
of engine and hose men in such town or city now are ; 
shall be exempt from military duty ; shall receive the 
same pay for their services as the engine and hose men 
of such city now or may hereafter receive ; and shall 
be returned to the commanding officers of military 
companies in the same manner as the men in the engine 
and hose companies now are. Ibid., sec. 2. 

12. This chapter shall be in force only in such towns 
or cities as may adopt the same at any legal meeting. 
Ibid. J sec. 3. 



CHAPTER 50. 



OF POLICE REGULATIONS. 



11. Buying property of pauper. 

12. Kesisting police officer. 

13. Riding fast in street. 

14. Careless driving of teams. 

15. Punishment of offenders. 

15, a. Town not liable for board 
of prisoners sent to jail 
under this act. 

16. Complaints for offences. 

17. Proceedings on complaint. 

18. If offender does not appear. 

19. Appeal, when allowed. 

20. Parent or guardian liable. 

21. Fines, to whom paid. 

22. Law in force every where. 

23. Reward for criminals. 



1. Offences in the street. 

2. Obscene words, songs or fig- 

ures. 

3. Injuries to property. 

4. Gaming or juggling unlawful. 

5. Making noises in the street. 

6. Bathing in exposed places. 

7. Leaving incumbrance in 

street. 
7,6. License to lay materials in 

street. 
7,c. Effect of. 

7,c?. Applies to the compact part 
of city or village only. 

8. Injuries to the street. 

9. Drunkards and prostitutes. 
10. Giving liquor to idlers, &c. 

1. JSTo person shall make any brawls or tumults in 
any street, lane, alley, or other public place, or be 
guilty of any rude, indecent or disorderly conduct, or 
shall insult or wantonly impede any person passing 
therein, or shall throw any stones, bricks, snow-balls 
or dirt, or play at ball, or at any game at which ball 
is used. B. S. ch. 113, sec.l; 0. S. ch. 119, sec. 1. 

2. 1^0 person shall sing or repeat, or cause to be sung 
or repeated, any lewd, obscene or profane song, or shall 
repeat any lewd, obscene or profane words, or write 
or mark in any manner any obscene or profane word, 
or obscene or lascivious figure or representation on any 
building, fence, wall, post, or other thing whatever. 
Ibid.y sec. 2. 

3. ISTo person shall wantonly injure or deface any 
building, fence, wall, post, sign-board or sign ; or shall 
wantonly cut or injure any tree standing in any street, 
highway or public place ; or shall rob any garden or 
field of fruit or vegetables ; or shall wantonly injure 
any trees, shrubs or bushes growing in any garden, 
field or yard ; or shall, without lawful permission, 



364 POLICE REGULATIONS. 

climb on or over any fence of any garden or yard. 
Ihid.j sec, 3. 

4. No person shall use any juggling or unlawful 
games or plays, or play at any game whatever for 
money or other property. Ibid,^ sec. 4. 

5. S"o person shall, within the compact part of any 
town, fire or discharge any cannon, gun, pistol or other 
fire-arms, or beat any drum, (except by the command 
of a military officer, having authority therefor) or fire 
or discharge any rockets, squibs, crackers, or any prep- 
aration of gunpowder, (except by permission of a ma- 
jority of the police officers or selectmen, in writing) or 
shall make any bonfire, or improperly use or expose 
any friction matches, or knowingly raise or repeat any 
false cry of fire. Ihid., sec, 5. 

6. JSTo person shall, within the view of any dAvelling- 
house, or of any public road, street or wharf, in the 
day time, bathe or swim without necessity, or expose 
his person indecently in dressing or undressing, for the 
purpose of swimming or bathing, or otherwise, with- 
out necessity. Ihid.j sec. 6. 

7. ISTo person shall, without necessity, place or leave, 
or cause to be placed or left in any street, lane, alley 
or public place, for two hours by day or one hour by 
night, any sled, wheel-barrow, cart, dray, chaise or 
other carriage, or any box, crate, cask, tub or other 
vessel, or place or throw, or cause to be placed or 
thrown into any such street, lane, alley or public place, 
any wood, lumber, manure, dirt, or other matter that 
may impede the free passage of the same, and suffer 
the same to remain there two hours. Ibid., sec. 7. 

7,6. The selectmen of any town may grant a license 
in writing to any person, to occupy a portion of any 
street designated by distinct limits, for the purpose 
of lajdng thereon lumber and other materials, for 
building and other purposes, for a time not exceeding 
four months, whenever they shall deem the same nec- 
essary or proper, subject to such terms and conditions, 
to be expressed in such license, as the public conven- 
ience and safety may require. Statutes of 1844, ch. 144, 
sec. 1 ; C. S. ch. 119, sec. 8. 

7,c. Any person so licensed, who shall first cause the 



POLICE REGULATIONS. 



365 



said license to be recorded at length by the town-clerk, 
and who shall comply with the terms expressed in said 
license, shall be exempt from the penalties imposed by 
section 7 of chapter 113 of the Eevised Statutes, for any 
act authorized by such license. Laws of 1844, ch. 144, 
sec. 2 ; C. 8. ch. 119, sec. 9. 

7,<i. The seventh section of chapter 113, E. S. (ch. 
119, C. S.) applies to obstructions in the compact part 
of a city or village, and not to obstructions in a com- 
mon highway leading from place to place. 2 Foster It. 
384. 

8. 1^0 person shall, without necessity, drive any 
wheel carriage, sled or wheel-barrow on or over the 
side pavements or walks of any street, lane or alley, or 
ride or lead any horse thereon. JR. S. ch. 113, sec. 8 ; 
a S. ch. 119, sec. 10. 

9. If any person shall be found drunk in any street, 
alley, or other public place, or shall be a common street- 
walker or prostitute, such person shall be punished 
therefor. B. S. ch. 113, sec. 9; C. S. ch. 119, sec. 11. 

10. No person shall sell, give, or otherwise furnish to 
any pauper, or person committed to any house of cor- 
rection, any spirituous liquor whatever, except by per- 
mission of the keeper thereof, or to any spendthrift or 
idle person under guardianship, except by permission 
of his guardian. B. S. ch. 113, sec. 10 ; (7. S. ch. 119, 
sec. 12. 

11. No person shall purchase or receive, in exchange 
or otherwise, from any pauper supported in any alms- 
house or poor-house, without permission of the over- 
seers of the poor, any property whatever; and any 
person so offending shall be punished under the provi- 
sions of this chapter, and shall pay treble the value of 
such property to said overseers. H. S. ch. 113, sec. 11 ; 
C. S. ch. 119, sec. 13. 

12. If any person shall rescue or attempt to rescue 
any prisoner in the custody of any police officer, or 
shall willfully and knowingly resist any police officer in 
the execution of his office, he shall be deemed guilty of 
a violation of this chapter. E. S. ch. 113, sec. 12; C. S. 
ch. 119, sec. 14. 

13. If any person shall ride through any street or 



866 



POLICE REGULATIONS. 



lane in the compact part of any town^ on a gallop, or 
at any swifter pace than at the rate of five miles an 
hour, he shall be deemed guilty of a violation of this 
chapter. B. 8. ch. 113, sec. 13 ; G. S. ch. 119, sec. 15. 

14. If any person, having the charge of any cart, 
dray, sled or other carriage, drawn by horses or oxen, 
shall suffer the same to pass through any street in the 
compact part of any town, without keeping with and 
carefully attending the same, and keeping such horses 
or oxen under his command, he shall be deemed guilty 
of a violation of this chapter. B. S. ch. 113, sec. 14; 
a S. ch. 119, sec. 16. 

15. Any person, convicted of any offence in this 
chapter mentioned, shall be punished by fine not ex- 
ceeding ten dollars nor less than one dollar, and shall 
pay costs of prosecution, and stand committed until the 
same be paid, or by imprisonment for a term not less 
than five daj^s nor more than thirty days, in the com- 
mon jail or in the bridewell of such town, or by confine- 
ment to hard labor the like term in the house of cor- 
rection, at the discretion of the justice or of the court 
before whom such conviction shall be had. B. S. ch. 
113, sec. 15 ; C. ^. ch. 119, sec. 17. 

To have a legal bridewell it should be established as 
such by a vote of the town, and a keeper of it appointed, 
whose duty it shall be to take care of the prisoners con- 
fined therein. The house of correction is not a bride- 
well, but may be voted to be such by the town. 

For the form of complaints and directions in the pro- 
ceedings thereon, see chapter 58 : " General Provisions 
relative to this Title.^^ 

15,a. Towns and cities are not responsible to the 
county for the support of prisoners committed to the 
county jail, upon criminal process, except for police 
offences. 10 Foster B. 299. 

16. No trial shall be had for any offence in this chap- 
ter mentioned, but upon complaint on oath. If the 
name of the offender is not known, it shall be sufiicient 
to insert in such complaint, and in the other proceed- 
ings, any description by which he may be known. 
B. S. ch. 113, sec. 16; 0. S. ch. 119, sec. 18. 

17. If the person charged with any offence shall not 



POLICE REOULATIONS. 367 

be in custody, the justice to whom the complaint shall 
be made shall issue a warrant in due form of law for 
his arrest, or a summons, requiring him to appear at a 
certain time and place, which shall be served by deliv- 
ering to him an attested copy of such summons. B. 8. 
ch. 113, sec, 17; C. S. ch. 119, sec. 19. 

For the proceedings in such case, see chapter 58 of this 
Title. 

18. If any person so summoned shall not appear as 
required by such summons, the justice may hear the 
evidence, and acquit or convict such person, in the 
same manner as if he were present. U. S. ch. 113, sec, 
18 ; a 8. ch, 119, sec. 20. 

19. Any person, convicted of any offence mentioned 
in this chapter, may appeal to the court of common 
pleas for the county, within two hours after, upon giv- 
ing bond, with sufficient sureties to the town, to prose- 
cute said appeal with efPect, and to pay costs, if he shall 
not be discharged at said court. JR. 8. ch. 113, sec, 19 j 
G. 8. ch. 119, sec. 21. 

20. If any person so convicted shall be a minor under 
the age of fourteen years, his parent, guardian or mas- 
ter shall be liable to pay the fine and costs imposed, 
provided he shall have received due notice of the time 
and place of trial of such minor for said offence, and 
an action of debt may be maintained by the police offi- 
cers in the name of the town therefor. B. 8. ch. 113, 
sec. 20 ; C. 8. ch. 119, sec. 22. 

21. All fines and costs adjudged under this chapter 
shall be paid to the justice who imposed the same, and 
such fines shall be paid by him to the town, and the 
costs to the several persons entitled thereto. B. 8. ch. 
113, sec. 21 ; G. 8. ch. 119, sec. 23. 

22. All the provisions of this chapter are now in 
force in every town in the State, whether adopted by 
the town or not. The clause which limited its operation 
to those towns which should adopt it, is repealed by 
the Eevised Statutes. 

23. The mayor and city council of any city, and the 
selectmen of any town or place in this State, are au- 
thorized and empowered, whenever in their opinion the 
public good may require it, to offer and pay from the 



368 



HOUSES OP CORRECTION. 



treasury of such city^ town or place, a suitable reward, 
not exceeding three hundred dollars in any one ease, 
to any person who shall, in consequence of such offer, 
apprehend and secure any person or persons charged 
with having committed any capital or other high crime. 
Zaws of 1848, ch. 735 ; 0. JS. ch. 236, sec. 1. 



CHAPTER 51. 



JF HOUSES OF CORRECTION, AND THE PUNISHMENT 
OF IDLE AND DISORDERLY PERSONS. 



1. Houses of correction provided. 

2. Regulations for, how made. 

3. Idle and disorderly persons. 

4. Complaint and trial. 

5. Appeal, how allowed. 

6. Oflfences in the night time. 



7. County house or jail used. 

8. Town to pay for support of 

boys sent to house of refor- 
mation. 

9. Town to recover the same of 

the parents of such boy. 



1. The court of common pleas for any county, or the 
inhabitants of any town, at any legal meeting, may 
provide such lands, buildings and articles of any kind 
as may be necessary for a house of correction for such 
town or county, and may appoint suitable officers for 
the management thereof, and make all necessary by- 
laws and regulations for the government of the in- 
mates, and cause the same to be enforced ; but in no 
case shall the punishment inflicted exceed hard labor 
and such reasonable correction as a parent may law- 
fully inflict upon a refractory child, or solitary impris- 
onment not exceeding forty-eight hours at one time. 
B. S. ch. 116, sec. 1 ; C. S. ch. 122, sec. 1. 

2. A vote of the town establishing the house of cor- 
rection as such, is necessary. The selectmen have no 
authority to act in the matter except by express au- 
thority. If the town appoint them agents to erect 
buildings and prepare by-laws, their proceedings should 



HOUSES OF CORRECTION. 369 

be ratified by the town^ and the vote and by-laws be 
entered on the town records. 

In some cases a building connected with the poor 
farm is established as the house of correction, and the 
overseer of the poor farm appointed keeper ; but such 
overseer, unless expressly appointed, has no authority 
to act as keeper. The keeper is to be appointed by the 
town, and any vacancy filled like a vacancy in other 
town offices. 

An article in relation to the matter should be insert- 
ed in the warrant for town meeting. The Form of 
THE YoTE may be : 

Voted, That the dwelling-house on the town farm be 
established as the house of correction for this town. 

Voted, That the overseer of the town farm for the 
time being, be the keeper of the house of correction, 
and have all the powers of such office until otherwise 
ordered. 

Voted, That the following by-laws and regulations be 
adopted for the government of the inmates of the 
house of correction, and that the keeper thereof see 
that they are enforced : viz., 

I. Every inmate of the house of correction, when 
able to labor, shall be kept diligently employed under 
the direction of the keeper. 

II. If any inmate shall refuse to obey, &c. 

3. All rogues, vagabonds, lewd, idle or disorderly 
persons, any person going about begging, any person 
using any subtle craft, juggling, or unlawful game or 
play, any person pretending to have knowledge in 
physiognomy or palmistry, any person pretending for 
money to tell destinies or fortunes, or discover by any 
spell or secret art where lost or stolen goods may be 
found ; any common piper, fiddler, runaway, stubborn 
servant or child, common drunkard, night-walker, pil- 
ferer, or person wanton and lascivious in speech or be- 
havior ; any common railer or brawler, and any per^ 
son who neglects his employment, misspends his earn- 
ings, and does not provide properly for the support of 
himself and family, may be sent to the house of cor- 
rection in the town or county in which such offence is 
17* ♦ 



870 HOUSES OF CORRECTION. 

committed^ and for want of such house of correction 
the common jail of the county may be used for that 
purpose. Ibid.j sec. 2. 

4. In any such case, complaint in writing, under 
oath, shall be made to some justice of the peace, who 
may thereupon issue a warrant under his hand and 

' seal, and cause the offender to be brought before him } 
and if, upon examination, the complaint shall be sus- 
tained, said justice may sentence the offender to con- 
finement and hard labor in the house of correction, in 
such town or county, for a term not exceeding six 
months. Ibid., sec, 3. 

For the mode of proceeding, see ch. 58, of this Title. 

5. Any person, convicted and sentenced as aforesaid, 
may appeal to the next court of common pleas for the 
county, by recognizing, with sufficient surety or sure- 
ties, before the justice, in such reasonable sum as he 
may order, conditioned that the appellant shall enter 
and prosecute the appeal with effect, and abide the or- 
der of the court thereon, and in the mean time keep 
the peace and be of good behavior toward all the citi- 
zens of the State ; and a commission of the like offence 
by the appellant, before a decision is had on such ap- 
peal, shall be deemed to be a breach of the condition of 
the recognizance. Ibid., sec. 4. 

6. If any person shall be found committing either of 
said offences in any public street or road in the night 
time, he may be apprehended by any magistrate, con- 
stable or watchman, or by any person by order of such 
officer, and kept in custody in some convenient place, 
not exceeding twenty -four hours, during which time 
he shall be carried before some justice of the peace, 
there to be prosecuted or discharged according to law. 
Ibid., sec. 5. 

A complaint in writing, on oath, should be made as 
soon as may be. Without a complaint made within 
the twenty-four hours, the prisoner must be dis- 
charged. 

7. When there is no house of correction in any town, 
the county house of correction may be used instead 
thereof: if there be neither, then the common jail of 

m 



HOUSES OF CORRECTION. 371 

the county shall be used as such house of correction. 
B. S. ch. 226, sec. 11 ; C. S. ch. 241, sec. 11. 

In this case the court of common pleas should make 
an order, making the jail the county house of correc- 
tion, and appoint the jailer to be keeper thereof. 12 
Mass. E. 356. 

8. Whenever any boy or female is sentenced to the 
House of Reformation, the town or county which would 
be liable for the support of said boy or female, in case 
they were paupers, shall pay to the board of trustees 
such sums as may be demanded by said board, for the 
support, instruction and maintenance of said boy or 
female, not exceeding one dollar per week during their 
continuance at the institution, in addition to the labor 
or service of said boy or female, required of them by 
the trustees, agreeably to section 9, chapter 1660 of 
the Pamphlet Laws ; and if any town or county, so 
liable, shall refuse or neglect to pay the amount when 
demanded, agreeably to the provisions of this section, 
the same may be sued for and recovered by said trus- 
tees in their corporate capacity, in an action of assump- 
sit before any court competent to try the same. Laws 
of 1858, ch, 2087, sec. 1. 

9. Any town or county may recover of the parent 
or guardian of any boy or female, sentenced to said 
House of Eeformation as aforesaid^ the amount which 
said town or county may be made liable to pay to said 
trustees for the support, maintenance and instruction 
of said boy or female while at said House of Eeforma- 
tion as aforesaid, whenever such parent, or the guard- 
ian aforesaid, in his representative capacity, is of suffi- 
cient ability. Ihid.^ sec, 2. 



CHAPTEE 52. 



OF POLICE OFFICERS, CONSTABLES AND WATCHMEN. 



1. Police officers, how chosen. 
1,6. Special police appointed. 

IjC. Superintendent of special po- 
lice. 

2. Vacancies, how filled. 

3. Powers and fees. 

4. To arrest offenders on view. 

5. On arrest in night time. 

6. Confinement of prisoner. 
6,5. Extent of powers. 

7. Regulation for streets. 



8. To be approved by town. 

9. Fines, how remitted. 

10. Police act, when in force. 

11. Watchmen appointed. 

12. Powers of watchmen. 

13. Power in night time. 

14. Offenders to be detained. 

15. Powers of constables. 

16. Form of appointment. 

17. Sale of office illegal. 

18. Night time, what is. 



1. Police officers, not exceeding seven in number, 
sliall be appointed by the selectmen of each town in 
which this chapter may be in force, by writing, under 
their hands, and shall be qualified by taking the oath 
of office, and causing the said appointment, and the 
certificate of such oath written thereon, to be recorded 
by the town-clerk ; and may be removed at the pleas- 
ure of the selectmen. B. 8. ch. 114, sec. 1] G. 8, ch. 
120, sec. 3. 

1,6. Whenever, in the opinion of the selectmen of any 
town, circumstances render it necessary, they may ap- 
point a board of special police officers, one of whom shall 
be the superintendent thereof. Such special police offi- 
cers shall have all the powers of police officers and con- 
stables in whatever relates to criminal proceedings, 
and shall continue in office during the pleasure of the 
selectmen. Laws of 1852, ch. 1226, sec. 1; C. 8. ch. 
120, sec. 1. 

l,c. The superintendent, under the direction of the 
selectmen, shall employ such special police officers in 
such mode as may be deemed expedient for the detec- 
tion and conviction of criminals and the prevention of 
crime within their town ; and they shall receive a rea- 
sonable compensation for their services from the town, 
deducting therefrom whatever may be a proper charge 



CONSTABLES AND WATCHMEN. 873 

against the county, and whicb may be paid thereby. 
Laws of 1852, ch. 1226, sec. 2 ; C. S. ch. 120, sec. 2. 
' 2. It shall be the duty of the selectmen to make the 
said appointments in the month of March ; but if a 
vacancy shall occur from any cause, or if such appoint- 
ment shall not have been made in March, the select- 
men may appoint at any time afterward. R. S. ch. 
114, sec. 2 ; C. S. ch. 120, sec. 4. 

3. Police officers shall hold their office until the last 
day of the next March, and shall be, by virtue of said 
appointment, constables and conservators of the peace, 
and shall receive such compensation as shall be voted 
by the town, and the same fees as constables. R. S. ch. 
114, sec. 3 ; as. ch. 120, sec. 5. 

To resist a police officer, or rescue a prisoner from 
him, is an offence against the police of towns. See ch. 
50, sees. 12 and 15. In aggravated cases, however, the 
offence may be punished by fine and imprisonment in 
the common jail, or by confinement to hard labor in 
the State prison, according to the character of the 
offence with which the person is charged. It. S. ch. 
217 ; a S. ch. 231. 

4. Any police officer, upon view of any offence com- 
mitted against the provisions of this chapter, may ar- 
rest the offender and forthwith carry him before a jus- 
tice of the peace, to answer a complaint therefor, and 
the oath of such police officer shall be sufficient evi- 
dence of such offence, unless invalidated by other evi- 
dence. K S. ch. 114, sec. 4 ; G. S. ch. 120, sec. 6. 

This does not dispense, however, with the necessity 
of making a complaint in writing as soon as may be. 

5. If any police officer shall arrest any such offender 
between sunset and sunrise, or shall arrest any person 
for being found drunk, contrary to the provisions of 
this chapter, he may commit such person to the com- 
mon jail, or the bridewell or house of correction, or 
otherwise retain him in safe custody, not exceeding 
twenty-four hours, within which time he shall be dis- 
charged or taken before a justice of the peace, to an- 
swer for the offence. R. S. ch. 114, sec. 5 ; C. S. ch. 20, 
sec. 7. 



374 POLICE OFFICERS; 

For the meaning of '' bridewell/^ see ch. 50, sec, 15. 

6. The keeper of such jail, bridewell or house of co:)^- 
rection, shall, upon the verbal request of any police 
officer, receive and detain in custody every person so 
arrested and presented by him, not exceeding twenty- 
four hours, unless sooner called for by the same or 
some other police officer. B. S. ch, 114, sec. 6 ; G. S. ch, 
120, sec. 8. 

During this time a complaint in* writing, on oath, 
should be made before some justice, on which he should 
be arrested for examination. 

6,6. The powers and duties of police officers, as pre- 
scribed in sections 4, 5 and 6, of chapter 114 of the 
Ee vised Statutes, shall extend to and apply to all vio- 
lations of the provisions of chapter 113 of the Ee vised 
Statutes. Statutes of 1843, ch. 34, sec. 7; G. S. ch. 119, 
sec. 24. 

7. The police officers of any town may make such 
regulations as they may deem expedient for the stands 
of hacks, drays and carts in any street, lane, or alley; 
and for the height and position of any awning, shade or 
fixture in front of or near any building ; and respecting 
any obstruction in any street, lane or alley, the smok- 
ing of any cigar or pipe therein, or in any stable or 
other out buildings ; and every violation of such regu- 
lations may be proceeded against and punished in the 
same manner as other offences mentioned in the pre- 
ceding chapter. B. S. ch. 114, sec. 7 ; G. S. ch. 120, sec, 9. 

The form of such regulations may be similar to those 
of firewards in chapter 49. 

8. No regulation, made by such police officers, shall 
take effect until the same shall be approved by the 
selectmen of the town, and recorded with such appro- 
bation by the town-clerk, and published a reasonable 
time in one or more newspapers printed in the town. 
It. S. ch. 114, sec. 8 ; G. S. ch. 120, sec. 10. 

The Approval of the Selectmen may be written 
under the regulations, as follows : 



CONSTABLES AND WATCHMEN. 375 

We hereby approve of the above police regulations, 
established by the police officers of this town. 

A. B.^ 

ID. y 



C. D. [ Selectmen of N . 

E. P. 3 

9. The selectmen may remit fines imposed for viola- 
tions of this chapter, and costs, and discharge offenders 
from imprisonment, and the town shall be liable for 
the prison charges,. in case of the offender's inability. 
B. S. ch. 114, sec. 9; G. S. ch, 120, sec. 11. 

10. This chapter shall be in force in all towns which 
have, at any legal meeting, adopted the provisions 
thereof, and in all towns in which any of the provi- 
sions of an act entitled '' An act to establish a system of 
police for the town of Portsmouth ^ and for other purposes/' 
passed June 23, 1823, are in force. JR. S. ch. 114, sec. 
10 ; a S. ch. 120, sec. 12. 

11. The selectmen of any town, being authorized by 
vote of the town, msij appoint watchmen for perform- 
ing a walking night watch, and fix their stations and 
limits, prescribe their duties, and contract for and pay 
them a reasonable compensation for their services. B. S. 
ch. 115, sec. 1; 0. S. ch. 121, sec. 1. 

12. They shall be appointed and qualified in the 
same manner, and shall have, while on duty, the same 
powers as police officers. Ibid., sec. 2. See sees. 1 and 15. 

13. Every watchman may arrest any person whom he 
shall find committing any kind of disorder or disturb- 
ance, or any crime, or any offence against the police of 
towns, or such as are strolling about the street at un- 
seasonable hours, who refuse to give an account, or 
may reasonably be suspected of giving a false account 
of their business or design, or who can give no account 
of the occasion of their being abroad. Ibid., sec. 3. 

14. Every person so arrested may be committed, de- 
tained and proceeded against in the manner provided 
by the chapter relating to the police of towns, in the 
case of offences prohibited thereby. Ibid., sec. 4. 

15. Any' constable, to whom any writ or other legal 
precept may be directed by a justice of the peace, is 
empowered and required to serve and return the same 



376 POLICE OFFICERS. 

according to law, and is vested with the same powers 
and subject to the same liabilities in relation thereto as 
sheriifs are in like cases. M. 8. ch. 179 ; C. S. ch. 190, 
sec. 5. 

16. The Form of an Appointment may be : 

By virtue of the authority in us vested by law, we, 
the subscribers, selectmen of the town of IST., hereby 
appoint A. B., C. D. and E. F. to be police oflScers of 
said town for the year ensuing ; and upon taking the 
oath of ofS.ce therefor, and causing this appointment 
and the certificate of such oath written thereon to be 
recorded by the town-clerk, they are to possess all the 
powers appertaining to the office of a police officer. 

Given under our hands, this twenty-third day of 
March, 1858. 

K L. ■) 



M. N. y Selectmen of JST . 

S. P. ) 

The oath of office is the one required to be taken by 
all town officers. The Form of the Certificate may 
be: 

H ss., Maixh 23, 1858. Then appearing the said 

A. B., C. D. and E. F., severally made oath that they 
would faithfully and impartially discharge and perform 
all the duties incumbent upon them respectively, as 
police officers of the town of N., according to the best 
of their abilities, agreeably to the rules and regulations 
of the constitution and laws of this State. 

Before me, A. E. S., Justice of the Peace. 

This certificate is to be written on the appointment 
itself, and the whole recorded by the town-clerk, and 
attested. March 28, 1858. Eeceived and recorded 
accordinp; to the oriHnal. 

Attest: F. M., Town-Clerk. 

The Form of a Eemoval of a police officer may be : 



SALE OP SPIRITUOUS LIQUORS. 377 

To A. B.J of C.J one of the Police Officers of said Town. 

Whereas the public good requires that you should 
no longer hold or serve in the office of a police officer 
of this town^ you are hereby removed therefrom, and 
vi^ill cease hereafter to perform any act or duty therein. 

Given under our hands at N., this first day of July, 
1858. N. L.) 

M. N. [ Selectmen of N . 

s. P. 3 

This should be served on the person removed, by giv- 
ing him the original, and keeping a certified copy, 
on which the return of service should be made. The 
whole should then be recorded by the town-clerk. No 
person can act legally as a police officer until his ap- 
pointment is recorded, nor after service of notice of 
removal. 

17. The sale of the office of constable to the highest 
bidder is contrary to sound policy — 2 N. H. B. 517 ; and 
the choice in such case would probably, as in the case 
of collectors of taxes, be illegal and void. 7 N. H. B. 
131. 

18. The night time consists of the period from the 
termination of day-light in the evening to the earliest 
dawn of the morning. 10 N. H. B. 105. 



CHAPTER 53. 

OF THE SALE OF SPIRITUOUS LIQUORS. 



1. Agents appointed for sale of, in 

towns ; their duties, powers, 
liabilities and compensation ; 
penalties for violation of act. 

2. Appointments to be recorded ; 

penalties for violation of act 
by agents ; rules and regu- 
lations respecting sale. 

3. Selectmen to prosecute viola- 

tions at expense of towns ; 



police officers to serve pro- 
cess. 

4. Agents not to be appointed un- 

less town so vote. 

5. General agent to be appointed. 

6. Agent to give bonds. 

7. Notice of appointment of agent. 

8. Penalty for adulterating liquor. 

9. Credit of State not to be 

pledged. 



378 SALE OF SPIRITUOUS LIQUORS. 

1. The mayor and aldermen of any city, or the se- 
lectmen of any town or place, in the month of April, 
annually, and whenever a vacancy may occur, shall ap- 
point one or more suitable persons, not exceeding three, 
agents for such city, town or place, for the purchase of 
spirituous and intoxicating liquors, and for the sale 
thereof within such city, town or place, to be used in 
the arts, or for medicinal, mechanical and chemical 
purposes, and wine for the commemoration of the 
Lord's Supper, and for no other use or purpose w^hat- 
ever. And the appointing power may remove such 
agent at pleasure, and appoint another in his stead. 
No inn-keeper, or keeper of a place of public entertain- 
ment, shall receive such appointment. Ever^^ agent so 
appointed shall hold his office for one year, or until 
another is appointed, unless sooner removed ; he shall 
sell such liquor only, and in the place only, designated 
by the mayor and aldermen, or selectmen appointing 
him ; he shall, in the purchase and in the sale of such 
liquor, conform to such rules and regulations as said 
mayor and aldermen or selectmen shall prescribe, not 
inconsistent with the provisions of this act ; he shall 
keep an accurate account of all his purchases and all 
his sales, specifying in such account the kind, quantity, 
and price of the liquor bought by him, the date of each 
purchase made by him, and the name of such person of 
whom such purchase was made ; the kind, quantity, 
and price of the liquor sold by him, the date of each 
sale made by him, the name of the purchaser at such 
sale, and the use for which the liquor on every such 
sale was sold, as stated by the purchaser, which account 
shall be at all times open to the examination of the 
mayor and aldermen of the city, or the selectmen of 
the town or place, or any magistrate within the county; 
he shall, when required by the board appointing him, 
account with them regarding all his dealings as such 
agent, and exhibit to them all receipts, bills, books and 
papers of every kind, relating to such dealings or to his 
accounts; he shall sell such liquors at such a profit as 
the board appointing him shall determine, and shall 
pay over the proceeds of the sales, whenever required 
by the board by whom he is appointed, to the treasurer 



SALE OF SPIRITUOUS LIQUORS. 879 

of the city, town or place ; he shall, at every annual 
meeting of the town or place, and once every year to 
the mayor and aldermen of the city, make a report, 
verified by oath or affirmation, of all his purchases, and 
the cost thereof, and of all his sales, and the proceeds 
thereof, specifying the number of sales, the respective 
quantities and kinds sold for such of the purposes for 
which he is authorized to sell, and the quantity, kind 
and cost of all liquors remaining on hand at the time of 
such meeting, and no other particulars. He shall re- 
ceive for his services such fixed and stipulated compen- 
sation as the board appointing him shall prescribe ; but 
the amount of such compensation shall not be increased 
or diminished by reason of any increase or diminution 
of the sales of such liquor by such agent ; and he shall 
not be, in any way, except as one of the inhabitants of 
the city, town or place, interested in said liquor, or in 
the purchase or sale thereof, or in the profits thereof: 
And if any person purchasing any spirituous or intox- 
icating liquor of such agent shall intentionally make to 
such agent any false statement regarding the use to 
which such liquor is intended by the purchaser to be 
applied, such person so ofiending shall, for the first of- 
fence, upon conviction thereof before any court compe- 
tent to try the same, pay a fine of ten dollars to the 
treasury of the city, town or place, with costs of pros- 
ecution, and a fine of twenty dollars and costs for any 
subsequent offence. Ijaws of 1855, cA. 1658, sec. 7. 

2. Every agent, appointed under the provisions of 
this act, shall receive, from the mayor and aldermen, 
or selectmen, a certificate of his appointment, which 
shall be recorded by the clerk of the city, town or place, 
together with the rules and regulations prescribed for 
his observance ; and if any such agent shall knowingly 
sell any spirituous or intoxicating liquor, or any mixed 
liquor, any part of which is spirituous or intoxicating, 
for any other purpose than those for which he is au- 
thorized to sell the same, by the provisions of this act, 
or shall knowingly and intentionally violate any of the 
rules in this act prescribed for his observance, or any 
of the rules and regulations of the mayor and alder- 
men, or selectmen appointing him, he shall, on convic- 



380 SALE OP SPIRITUOUS LIQUORS. 

tion^ be punished for the first offence, by a fine of fifty- 
dollars ; for the second offence, by a fine of fifty dol- 
lars and thirty days' imprisonment in the common jail, 
and for every subsequent offence, by a fine of one hun- 
dred dollars and ninety days' imj)risonment in the com- 
mon jail, and costs of prosecution in such case. Laws 
of 1855, ch. 1658, sec. 8. 

3. It shall be the duty of the mayor and aldermen 
of every city, and the selectmen of every town or 
place, to prosecute, at the expense of such city, town 
or place, every person guilty of a violation of any of 
the provisions of chapter 1658, the laws passed June, 
1855, of which they can obtain reasonable proof; but 
nothing in this section shall be construed to prevent 
any person from making complaint and instituting and 
carrying on prosecutions under such act 3 and police 
ofiicers are hereby authorized to serve all warrants and 
notices issued under the provisions of this act. Laws 
of 1855, ch. 1658, sec. 20. 

4. The mayor or aldermen of any city, or the select- 
men of any town or place, shall not appoint an agent 
or agents for the purchase and sale of spirituous and 
intoxicating liquors therein, whenever said city, town 
or place, at their annual meeting, have voted not to ap- 
point said agent or agents. Laws of 1858, ch. 2096. 

5. The governor is authorized and required, as soon 
after the passage of this act as it can be conveniently 
done, to contract in behalf of, and on the credit of the 
several towns and cities in this State, with some per- 
son or persons to furnish the agents of such towns and 
cities, appointed under said act, with pure, unadultera- 
ted spirituous and intoxicating liquors, on such terms 
and under such regulations and restrictions as to him 
shall seem proper. Lo.ws of 1858, ch. 2080. 

6. The governor shall require such person or persons 
to give bonds to the State of ]^ew-Hampshire, for the 
benefit of such towns and cities as shall be injured by 
a breach of the condition thereof, in such sum, not less 
than ten thousand dollars, as he shall deem sufiicient for 
the fulfillment of the terms and conditions of such con- 
tracts. Ihid.j sec. 2. 

7. The governor shall, immediately after the making 



SUNDAY AND RELIGIOUS MEETINGS. 



381 



of such contract or contracts^ notify such agents sever- 
ally, in such manner as he shall deem proper, of the 
completion of the same, and it shall thereafter he the 
duty of such agents to purchase all such spirituous and 
intoxicating liquors, as they may require, of such per- 
son or persons. Ihid., sec. 3. 

8. If any such agent shall adulterate any spirituous or 
intoxicating liquors, which he may keep for sale under 
such act, or shall purchase any spirituous or intoxicat- 
ing liquors of any other person than such as the gov- 
ernor shall have contracted with, in the manner afore- 
said, he shall, for each and every such offence, forfeit 
and pay for the use of the town or city for which he is 
agent, the sum of fifty dollars, to he recovered in the 
same way and manner as the penalties under the act 
aforesaid are recovered. Ihid., sec, 4. 

9. ISTo such contract shall pledge the credit of the 
State for the payment of any liquors that may he pur- 
chased under the provisions of this act. Laws of 1858, 
ch. 2080. 



CHAPTER 54. 



OF SUNDAY AND RELIGIOUS MEETINGS. 



8. Offender to recognize. 

9. Eeligious meetings protected. 
10. Penalty for offence. 

] 1. Disturbance at, penalty. 

12. Offender apprehended. 

13. Prosecution limited. 



1. Labor on Sunday forbidden. 

2. Disturbance in meeting-house. 

3. Penalty for such offences. 

4. Power and duty of officers^ 

5. Who are liable for penalty. 

6. Disturber of meeting removed. 

7. Penalty for offence. 

1. No person shall do any work, business or labor of 
his secular calling, to the disturbance of others, works 
of necessity and mercy excepted, on the first day of 
the week, commonly called the Lord's day ; nor shall 
any person use any play, game or recreation on that 
day, or any part thereof jB. S, ch. 118, sec, 1 ; G. S. 
ch. 124, sec. 1. 



382 SUNDAY AND RELIGIOUS MEETINGS. 

2. No person shall, on the Lord^s day, within the 
■walls of any house of public worship, or near the same, 
behave rudely or indecently, either in the time of pub- 
lic service or between the forenoon and afternoon ser- 
vices. Ihid.j sec. 2. 

3. Any person offending against any provision of the 
foregoing sections of this chapter, shall forfeit a sum 
not exceeding six dollars nor less than one dollar, 
which shall be recovered by any selectman or police 
officer, for the use of the town. Ibid., sec. 3. 

4. Any selectman or police officer shall have power 
to remove any person behaving rudely or indecently 
in any meeting for public worship, from the place of 
such meeting, and him detain until the close of such 
meeting; and the same right to command assistance 
as sheriffs have, and may prosecute for all violations 
of the preceding sections of this chapter. lUd.^ sec. 4. 

5. Parents, masters or guardians shall be liable re- 
spectively for all forfeitures incurred by the children, 
wards or servants under their care ; and a warrant of 
distress or execution may be issued therefor. Ihid.^ 
■sec. 5. 

6. If any person shall disturb any religious meeting, 
by speaking in the same, so as to interrupt or prevent 
the stated and orderly proceedings and exercises of 
such meeting, or shall make any disturbance while the 
people are assembling at or leaving their place of wor- 
ship), and shall not desist therefrom when requested, 
he maybe removed from such meeting or place of wor- 
ship by any individual. Ibid., sec. 6. 

7. Any person so offending shall be fined not less 
than one dollar nor more than ten dollars, and may be 
required to recognize, with sufficient sureties, in a sum 
not less than fifty dollars, to appear at the court of 
common pleas next to be holden in said county, and to 
abide the order of said court, and in the mean time to 
be of good behavior. Ibid., sec. 7. 

8. If such recognizance is forfeited, said court may 
require such offender to recognize with sufficient sure- 
ties in a sum not exceeding two hundred dollars, to 
appear at the next term of said court, and to abide the 
order thereof; and in the mean time to be of good 



SUNDAY AND RELIGIOUS MEETINGS. 383 

behavior, and so from term to term, as may be ordered 
by said court, so long as such forfeiture shall be incur- 
red. Ibid., sec. 8. 

9. No person shall keep any shop, tent, booth, wagon 
or carriage for the sale of, or shall sell, give, or expose 
to sale any spirituous or intoxicating liquors, goods or 
merchandize of any kind, within two miles of any 
public assembly convened for the purpose of religious 
worship j but this shall not be construed to prevent any 
person from selling merchandize at the shop or store 
where he usually transacts business, nor from selling 
any liquors in any place where he shall have received 
a license therefor before the appointment of such re- 
ligious meeting, nor to prevent any peddler from selling 
his goods, to any person at the usual place of business 
or residence of such person. lUd., sec, 9. 

10. If any person shall be guilty of a breach of the 
preceding section, upon conviction thereof before any 
justice of the peace, he shall be fined not exceeding ten 
dollars, or committed to the house of correction not 
exceeding thirty days, or may be sentenced to both 
said punishments. Ibid., sec. 10. 

11. If any person shall be guilty of noisy, rude or in- 
decent behavior, of exhibiting shows or plays, or pro- 
moting or engaging in horse racing or gambling, at or 
near any such religious meeting, so as to interrupt or 
disturb the same, upon conviction thereof, before any 
justice of the peace, he shall be fined not exceeding ten 
dollars ; or, if the offence be of an aggravated nature, 
he may be held to recognize with sufficient sureties, to 
appear at the court of common pleas next to be holden 
in the same county ; and upon conviction before such 
court he shall be fined not exceeding fifty dollars, or 
imprisoned in the common jail not exceeding ninety 
days. Ibid., sec. 11. 

12. Any person, upon view of any offence described in 
this chapter, may apprehend such offender and bring 
him before some justice of the peace, who, upon com- 
plaint under oath, shall issue his warrant, cause such 
offender to be arrested, and proceed to a hearing of 
such complaint. Ibid., sec. 12. 



384 



SAFE-KEEPING OF GUN-POWDER. 



^ 13. Wo prosecution for any violation of the provi- 
sions of this chapter shall be sustained, unless com- 
menced within thirty days after the commission of 
such offence. Ibid., sec. 13. 



CHAPTER 55. 

OF THE SAFE-KEEPING OF GUN-POWDER. 



1. Search for gun-powder made. 
l,a. Engineers may make regula- 
tions for keeping of. 

2. Penalty for keeping illegally. 

3. Retailing of powder regulated. 

4. How transported in villages. 



5. Not allowed to stand in street. 

6. Powder in such case forfeited. 

7. Not to be carried about for 
sale. 

8. Keeper of magazine, duties. 

9. Master of vessel, duties. 
10. Penalties, how recovered. 

1. Any two police officers, fire wards or selectmen, 
may search any building in the compact part of any 
town, and any vessel lying in any port in this State, in 
which they have cause to suspect that gun-powder, in 
a greater quantity than twenty-five pounds, may be 
kept or stored ; and in case a greater quantity shall 
be found, the said police officers, firewards or selectmen 
shall seize the same as forfeited. R. S. ch. 112, sec. 1 ; 
a S. ch. 118, sec. 1. 

For the proceedings in case of forfeiture, see the Ee- 
vised Statutes, ch. 212 ; Compiled Statutes, ch. 225. 

1,(2. The board of engineers of any city, or selectmen 
of any town, may establish rules and regulations, from 
time to time, relative to the times and places at which 
gun-powder may be brought to, or carried from any 
city or town, by land or water, and the time when 
and the manner in which the same may be transported 
through any city or town. Ijaws of 1854, ch. 1543. 

2. Any person who shall keep, or knowingly suffer 
any quantity of gunpowder, greater than twenty-five 
pounds, to be kept or stored in any such building or 



SAFE-KEEPING OF GUNPOWDER. 385 

vessel, or aid or assist in keeping or storing the same, 
or shall know that the same is so stored or kept, and 
shall not forthwith inform one of the police-officers, 
fire wards or selectmen thereof, shall forfeit a sum not 
more than five dollars nor less than one dollar, for 
every day the same shall be so kept or stored. Ihid.y 
sec. 2. 

When a sum of money is forfeited it must be sued for 
as in section 10. 

3. Gunpowder, kept for retail in quantities less than 
twenty-five pounds, shall at all times be kept in a 
canister of tin, or other metal, securely covered from 
fire ; or, if the same is kept in a cask, or wooden or 
combustible vessel, the said cask or vessel shall be en- 
veloped in a close leathern bag; and if any person 
shall keep any gunpowder for retail in any other man- 
ner than as aforesaid, he shall forfeit a sum not more 
than five dollars nor less than one dollar, for everyday 
the same shall be so kept. Ihid.y sec. 3. 

4. IS'o gunpowder shall be transported through the 
compact part of any town or village in greater quanti- 
ty than one hundred pounds, nor unless the casks con- 
taining the same be enveloped in close leathern bags, 
unless it shall be conveyed in a closely covered car- 
riage ; and if any person shall transport any greater 
quantity of gunpowder, or in any other manner than 
is herein before expressed, he shall forfeit a sum not 
exceeding fifty dollars nor less than fifteen dollars. 
Ihid.y sec. 4. 

5. ^o carriage, upon which there shall be a greater 
quantity than twenty-five pounds of gunpowder, shall 
be permitted to stand in any building, or near any 
dwelling-house, store or other building, in the compact 
part of any town; and any person who shall stop, 
place or leave any such carriage as aforesaid, shall for- 
feit a sum not exceeding fifty dollars nor less than fif- 
teen dollars. Ihid., sec. 5. 

6. In case any gunpowder shall be found upon any 
carriage contrary to the provisions of this chapter, any 
police-officer, fireward or selectman, may seize the 
same as forfeited. Ihid.y sec, 6. 

18 



386 SAFE-KEEPING OF GUNPOWDER. 

For the mode of proceeding with forfeited property^ 
see B, S. ch. 212; G. 8. ch. 225. 

7. If any person shall carry, from town to town, or 
from place to place, any gunpowder, for the purpose of 
peddling, or selling it by retail, in quantities less than 
twenty-five pounds, or shall sell or offer to sell by re- 
tail any gunpowder in any highway or street, or on any 
wharf, parade or common ; or if any person shall sell 
or deal out any gunpowder in the night time, between 
sunset and sunrise, he shall forfeit for each offence a 
sum not more than five dollars nor less than one dollar. 
lUd., sec. 7. 

8. When any magazine for gunpowder shall be pro- 
vided by any town for public use, a keeper of such 
magazine shall be annually chosen, who shall receive 
into and deliver out of said magazine all gunpowder 
brought or deposited there, and account for the same; 
and he shall receive for his services at the rate of 
twenty cents for a hundred pounds, for all quantities 
above ten pounds, and for less quantities one cent a 
pound. Ibid. J 'Bee. 8. 

9. The master of any merchant ship or vessel, bring- 
ing gunpowder into Portsmouth in quantity greater 
than twenty-five pounds, shall deposit in the public 
magazine all gunpowder so brought by him, w^ithin 
forty-eight hours; and' if he shall neglect so to deposit 
the same, he shall forfeit the sum of one hundred and 
fifty dollars. Ihid., sec. 9. 

10. All penalties and forfeitures incurred by any 
violation of this chapter, shall be sued for and recov- 
ered by action of debt, to be brought by the police- 
ofiicers, firewards or selectmen, in the name of the 
town, and shall be expended in the purchase of such 
articles as are proper to be used in the extinguishment 
of fires. Ibid., sec. 10. 



CHAPTER 56. 



OF NUISANCES AND CONTAGIOUS DISEASES. 



9,c. Act in force, when. 

10. Nuisance in street removed. 

1 1 . Compensation of health oflS- 

cers. 

12. Vaccinating agent chosen. 

13. Infected persons removed. 

14. Inoculation prohibited. 

15. Pest-houses, how licensed. 

16. Persons in pest-houses, duty. 

17. Inoculation permitted, when. 



1. Regulations by health officers. 

2. Search warrant for nuisance. 

3. Nuisances, how removed. 

4. Assistants may be employed. 

5. Removal without notice. 

6. Expense paid by owner. 

7. Leaving offensive matter. 

8. Slaughter houses, &c., regulat- 

ed. 

9. Privies and styes regulated. 
9,6. Bowling alleys, nuisances. 

1. The health officers may make regulations for the 
prevention and removal of nuisances, and such other 
regulations relating ^^to the public health as in their 
judgment the health and safety of the people may re- 
quire, which shall take effect when they shall be 
approved by the selectmen, recorded, with such appro- 
bation, by the town-clerk, and published in some 
newspaper printed in the town, or copies thereof post- 
ed in two or more public places in the town. And any 
person, willfully violating such regulations, shall incur 
a penalty of ten dollars, to be recovered by the health 
officers in the name of the town. B. S. ch. 119, sec. 1 ; 
a S. ch. 125, sec. 1. 

The form of such regulations maybe similar to those 
established b}^ fire wards. 

2. Health officers, and each of them, shall inquire 
into all nuisances and other causes of danger to the 
public health ; and whenever they shall know, or have 
cause to suspect, that any nuisance or other thing inju- 
rious to the public health is in any building, vessel or 
inclosure, they shall make complaint, under oath, to 
some justice of the peace, who shall issue a warrant 
directed to them, to search such building, vessel or in- 
closure : and they may, by virtue thereof, in the day 
time, forcibly enter therein, and make such search. 
Ibid., sec. 2. 



388 NUISANCES AND CONTAGIOUS DISEASES. 

The Form of the Complaint and Warrant, in such 
case, may be : 

To A. B., Esq., one of the Justices of the Peace in and for 
the County of Bockingham. 

Complains C. D., of JST., in said county, one of the 
health officers of said town, and gives said justice to 
understand that he has cause to suspect that there is a 
nuisance in or under the stable of D. P., on Broad 
street, in said town, and that said nuisance may be 
injurious to the public health : wherefore the said 
CD. prays that a warrant may issue, authorizing him 
to search said building, according to the statute in such 
cases made and provided. C. D. 

EoCKiNGHAM ss., July 1, 1858. Then the said C. D. 
made oath that the foregoing complaint, by him signed, 
is in his belief true. Before ^me, 

B. B., Justice of the Peace. 

THE STATE OP NEW-HAMPSHIEE. 
[L. S.] EocKiNGHAM SS. To G. JD.,^one of the Health 
Officers of the Town of iV., in said County. 

Whereas C. D., of JST., one of the health officers of 
said N., has exhibited to me, A. B., one of the justices 
of the peace in and for said county, his aforesaid com- 
plaint, on oath : We therefore authorize and require 
you, with necessary and proper assistance, to enter, in 
the daytime, into said stable of D. P., in said town, and 
there make search for said nuisance, and to proceed 
therewith according to the statute in such case made 
and provided. 

Herein fail not. Given under my hand and seal, 
this first day of July, in the year eighteen hundred and 
fifty-eight. 

A. B., Justice of the Peace. 

3. The health officer may give written notice to the 
owner or occupier of any building, vessel or inclosure, 
to remove or destroy any nuisance, or other thing 
deemed by them, on examination, to be injurious to 



NUISANCES AND CONTAGIOUS DISEASES. 389 

the public health, within a certain time limited therein ; 
and -in case such owner or occupier, the said notice 
having been given to him, or left at his usual place of 
abode, shall neglect to comply therewith, the said 
health officers may forcibly enter such building, vessel 
or inclosure, and cause the said nuisance, or other thing 
aforesaid, to be removed or destroyed. Ihid., sec. 3. 

The Form of such ^Notice may be : 

To A. B., of a 

Whereas a large quantity of oifal and animal matter, 
by you collected in the hog-yard under your barn, in 
said C, is deemed by us, on examination, to be inju- 
rious to the public health, you are hereby required and 
ordered to remove the same therefrom, within two 
days from the date hereof. 

Given under our hands, at C, this first day of July, 
1858. • 

C. D., &c.. Selectmen of 0. 

4. They may employ such assistants and laborers as 
maybe necessary; and if resisted, shall have the same 
powers as sheriffs have by law to command assistance ; 
and any person willfully resisting them, or their assist- 
ants or laborers, in makiog such search, or removing 
any such nuisance, or other thing aforesaid, shall, on 
conviction, be punished by imprisonment not exceeding 
twelve months, or by fine not exceeding five hundred 
dollars. Ibid., sec. 4. 

5. When the owner of any building, vessel or inclos- 
ure, shall be unknown to the health officers, or shall 
not reside in town, and the same shall be unoccupied, 
or the occupant is, in their opinion, unable to remove 
the same, they may, without any previous Jiotice, im- 
mediately cause any nuisance or other thing, by them 
deemed injurious to the public health, found therein, to 
be removed or destroyed. Ibid., sec. 5. 

6. The owner or occupier of any building, vessel or 
inclosure, shall be liable to pay the expense of the re- 
moval or destruction of any such nuisance, or other 
thing as aforesaid, including the fees of the health offi- 



390 NUISANCES AND CONTAGIOUS DISEASES. 

cers who order or cause the same to be removed ; and 
the same may be recovered by action, to be brought by 
the health officers in the name of the town. Ihid., sec. 6. 

7. If any person shall place or leave^ or cause to be 
placed or left, in or near any highway, street, alley or 
public place, or wharf, or in any water where the cur- 
rent will not remove the same, any substance liable to 
become putrid, or offensive, or injurious to the public 
health, he shall incur a penalty of not more than ten 
dollars nor less than one dollar, to be recovered by the 
health officers in the name of the town. Ihid., sec. 7. 

8. If any person shall use or occupy any building in 
the compact part of any town, for a slaughter-house, 
or house for trying tallow, or for currying leather, or 
for the deposit of green pelts or skins, without permis- 
sion in writing of the health officers, he shall incur a 
penalty of ten dollars for each month in which the 
said building shall be so occupied. Ihid.y sec, S.- 

9. If any person shall erect or continue any house 
of easement or privy, within forty feet of any street, 
or of the dwelling, shop or well of any other person, 
unless the same is vaulted six feet deep, and sufficiently 
secured and inclosed, or shall erect or keep any pen or 
stye for swine, so near the dwelling4iouse of another, 
as, in the judgment of the selectmen, shall be a nu- 
isance, he shall incur a penalty of ten dollars, and^^ a 
like penalty for each month he shall continue the same, 
after due notice of such judgment. Ibid., sec. 9. 

9,6. Any bowling-alley, situated within twenty-five 
rods of any dwelling-house, store, shop, school-house, 
or place of public worship, shall be taken and deemed 
to be a public nuisance. Laios of 1845, cli. 245, sec. 1 ; 
a S. ch. 125, sec. 10. 

9,c. This act [section 9,6, of this chapter] shall not 
be in force except in such towns as shall, a*t some legal 
meeting, adopt the same. Laios of 1845, ch. 245, sec. 
2 ; G.S. ch. 125, sec. 11. 

10. The health officers shall cause to be removed all 
nuisances, or other things deemed by them injurious to 
the public health, found in any. highway, street, alley, 
public place or wharf, or in any water where the cur- 



NUISANCES AND CONTAGIOUS DISEASES. 391 

rent will not remove the same. B. S. ch. 119, sec. 10; 
a S. ch. 125, sec. 12. 

11. The health officers shall be paid a reasonable 
compensation from the town, and all expenses incurred 
by them in the execution of their duty shall be paid by 
the town ; and the selectmen are required to advance 
to them such sums as may be necessary, of which, and 
of all their receipts and disbursements, the health offi- 
cers shall annually, before the annual town meeting, 
render an account to the selectmen, to be laid before 
the town. B. S. ch. 119, sec. 11; C. 8. ch. 125, sec. 13. 

12. Any town may appoint an agent for vaccination, 
who shall at all times be provided with suitable matter 
for communicating the kine-pox, and may vaccinate all 
persons at the expense of the town who have not had 
the smali-pox or the kine-pox, and shall receive a suit- 
able compensation therefor, to be paid by the select- 
men. Such agent may be appointed by the selectmen 
of the town, whenever, in their opinion, the health of 
the inhabitants of said town,'by reason of the spread- 
ing of the small-pox, shall require. E. '8. ch. 120, sec. 1 ; 
a 8. ch. 126, sec. 1. 

The form of the appointment, in such case, may bo 
similar to that of police-officers. 

13. The health officers may remove any person 
infected with the small-pox, the malignant cholera, or 
other malignant pestilential disease, to some suitable 
house to be by them provided for that purpose, provid- 
ed the same can be done without endangering the life 
of such person ; and make such regulations respecting 
such house, and for preventing unnecessary communi- 
cation with such persons, or their attendants, as they 
may think proper ; and if any person shall AvillfuUy 
violate the same, he shall forfeit the sum of fifty dollars, 
to be recovered by such health officers in the name of 
the town. Ihid.^ sec. 2. 

14. K any person shall, with intent to communicate 
the small-pox, bring into this State, or use any infec- 
tious matter, or shall inoculate himself or any other 
person with the small-pox, or be inoculated therefor, 
he shall incur a penalty of one hundred and fifty dol- 
lars, to be recovered by any person w^ho will sue for 



392 NUISANCES AND CONTAGIOUS DISEASES. 

the same, one half to his own use and the other half 
for the use of the town in which the offence is comniit- 
ed. Ihid.^ sec. 3. 

15. The court of common pleas, on application, may 
license any physician to establish a house for inoculat- 
ing persons for the small-pox, in any town which shall 
consent thereto, under such regulations as they may 
prescribe ; and such physician shall give bond to the 
county treasurer in the sum of three thousand dollars, 
conditioned that he will use every means and precau- 
tion in his power to prevent the spreading of the dis- 
ease, and that he will not inoculate any person, nor 
willingly suffer any person to be inoculated, or to have 
said disease in any other place than said house, and will 
not suffer any person to depart from such house until 
he is effectually cleansed, and will give to such person 
a certificate thereof under his hand. Ibid., sec. 4. 

16. If any person, having had the small-pox in any 
licensed house, or being employed therein, shall leave 
the same without such certificate, or be found without 
the same within one month afterward, he shall incur a 
penalty of fifty dollars, to be recovered by the health 
officers in the name of the town. Ibid., sec. 5. 

17. If any person shall break out with small-pox in 
the natural way, and the health officers shall jndge 
that he may remain without endangering others than 
his own family, they may give licence to any persons 
who have been exposed to the danger of taking the 
disease, to be inoculated and to remain in the same 
house ) and the provisions of this chapter, and all reg- 
ulations of the health officers in relation to other 
licensed pest-houses, shall apply to such house and its 
inmates. Ibid., sec. 6. 



CHAPTER 57. 



OF SHOWS AND EXHIBITIONS. 



1. Shows, without license, illegal. 
1,6. Theatrical representations il- 
legal, without license. 

2. Form and fees of license. 



2,6. Licenses to be paid for in ad- 
vance. 

3. Penalty for violation. 

4. Complaint and proceedings. 

5. Form of license. 



1. ITo showman, tumbler, rope-dancer, ventriloquist 
or other person, shall, for pay, exhibit any feats of agil- 
ity, or of horsemanship, or sleight of hand, rope-danc- 
ing or feats with cards, or any animals, wax figures, 
puppets or shows, without a license from the select- 
men of the town, R, S, ch. 125, sec. 1} C. JS. eh. 131, 
see. 1. 

1,6, No theatrical or dramatic representation shall be 
perform^ed or exhibited, in any town in this State, un- 
less a license therefor shall first be obtained from the 
selectmen of such town, in the same manner and under 
the same penalty as is provided in the act to which this 
is an amendment : (this chapter.) Laws of 1850, ch. 
971 ; a 8. ch. 131, sec. 2. 

2. Every such license shall be in writing, and shall 
specify the days such person is allowed to perform or 
exhibit; and every such person shall pay for such 
license, for the use of the town, a sum not less than 
thirty dollars nor more than fifty dollars for each day 
such person shall perform or exhibit. R. S. ch. 125, sec. 
2 ; as. ch. 131, sec. 3. 

2,6, All licenses, undert his act, (this chapter) shall be 
paid for in advance. Laws of 1850, ch. 971; C. 8. ch. 
131, sec. 4. 

8, If any person shall violate the provisions of thig 
chapter, he shall, for every such offence, be punished 
by a fine of one hundred dollars, one half for the use of 
the town, the other half for the use of the complainant. 
R. 8. ch. 125, sec. 3 ; G. 8. ch. IZl, sec. 5. 

4. Any justice, on complaint of any violation of said 
18* 



394 



GENERAL PROVISIONS 



provisions, niay, by warrant, cause the offender to be 
arrested, and order him to recognize, with sufficient 
sureties, for his appearance at the next court of common 
pleas, to answer for said offence. B. S. ch. 125, sec, 4 ; 
a S. ch. 131, sec. 6. 

5. The Form of such License may be : 

We, the subscribers, selectmen of the town of B., 
hereby license D. V. to exhibit his menagerie of animals, 
within said town, on the fifth and sixth days of July, 
1858, he having paid us sixty dollars therefor. 

Given under our hands, at B., this second day of July, 
1858. 

A. B.-) 

C. D. V Selectmen of JB . 

E. F. ) 



CHAPTER 58. 



GENERAL PROVISIONS RELATING TO THIS TITLE. 



1. Fines, how recovered, &c. 

2. Penalties, how recovered, &c. 

3. Recovery by town. 

4. Trial, before whom to be. 

5. Prosecution, when brought. 

6. Computation of time. 

7. General issue pleaded. 

8. Who may be witnesses. 

9. Defendant, when committed. 

10. Costs, how to be taxed. 

11. House of correction, what is. 

12. Form of complaint. 

1. All fines are to be recovered by information or in- 
dictment, and to be for the use of the county, if no 
other provision is made. B. S. ch. 211, sees. 4, 13 ; C. S. 
ch. 224, sees. 4, 13. 

2. All penalties and forfeitures may be recovered by 



13. Form of warrant. 

14. Form of mittimus. 

15. Officer may require aid. 

16. Penalty for obstructing. 

17. Gaming houses illegal. 

18. Penalty for winning over $5. 

19. Penalty for winning under $5. 

20. Fees of justices. 

21. Fees of officers. 

22. Receipt to be given for fees. 

23. Penalty for neglect. 



RELATING TO THIS TITLE. 395 

action of debt, before a justice of the peace of the coun- 
ty, if such penalty or forfeiture do not exceed §13.33; 
otherwise, before the court of common pleas, by any 
person who will sue for the same, unless otherwise pro- 
vided by law ; and shall be, half for the use of the 
county, and half for the use of the prosecutor, unless 
otherwise limited by law. Ibid., sees, 1, 2, 5. 

3. "When any part of any penalty or forfeiture is 
given to any town, the selectmen may sue therefor in 
the name of the town, which shall have the benefit and 
pay the expenses of such suit; and the selectmen may 
remit such penalty or forfeiture. Ibid., sec. 11. 

4. The trial in any suit or prosecution may be before 
any justice of the county, though the town in which he 
lives is interested in the penalty. Ibid., sees. 6, 7. 

5. When any part of a fine or penalty belongs to the 
prosecutor, the prosecution may be commenced within 
one year, unless a shorter time is limited. Ibid., see. 8. 

6. When a penalty is imposed for a neglect for any 
space of time, such neglect may be alleged to have com- 
menced on any specified day, and shall be reckoned 
therefrom. Ibid., sec. 3. 

7. The defendant in any suit may plead the general 
issue, and give any special matter in evidence under it. 
Ibid., sec. 7. In complaints, the plea is " not guilty/' or 
^' guilty. '^ 

8. No person shall be disqualified as a witness, by 
reason of any interest in the penalty. Ibid., sec. 10. 

9. If any defendant shall refuse to perform the order 
of court, he may be committed to the common jail 
until sentence is performed, or he is discharged by law. 
Ibid., sec. 12. 

10. If the defendant is ordered to recognize, or pay 
a fine or penalty, he shall also be ordered to pay costs, 
or so much as the justice thinks proper. Ibid., sec. 14. 

11. When there is no house of correction in any 
town, the county house of correction, if any, may be 
used instead thereof; if there be neither, then the com- 
mon jail of the county shall be used as such. B. S. ch. 
226, sec. 11 ; C. S. ch. 241, sec. 11, 



396 GENERAL PROViyiONS 

12. The Form of a Complaint, for a police offence, 
may be ; 

To B. B.J BJsquire, one of the Justices of the Peace in and 
for the County of Hillsborough. 

Complains D. D., of ^.^ in said county, on oath, that 
N. C, of N., in said county, yeoman, on the first day 
of July, in the year eighteen hundred and fifty-eight, 
at said N., was found drunk in a certain street in said 
N., called Main street, contrary to the statute in such 
case made and provided, and against the peace and 
dignity of the State. Wherefore your complainant 
prays that the said N. C. may be apprehended, and 
dealt Avith as justice may require. 

D. D. 

Hillsborough ss., July 1, 1858. Then the said D. D. 
appeared and made oath that the foregoing complaint, 
by him signed, is in his belief true. Before me, 

B. B., Justice of the Peace. 

If the name of the offender is not known, it is nec- 
essary to insert, instead of the name, some " description 
by which he may be knownJ^ The form may be : "A 
person whose name is unknoion, but who may be known by 
the following description : viz.y he is about six feet in height, 
stoutly built, with his left leg stiff, and wore a white hat, 
black coat and gray pantaloons.'' 

13. Upon such complaint the justice should issue a 
warrant or a summons ] the former to be issued when 
the object is to arrest the body, and the latter when no 
arrest is wanted. 

The Form of the Warrant may be : 

THE STATE OF I^EW-HAMPSHIEE. 

[L. S.] Hillsborough ss. To the Sheriff of said 
County, or his Deputy, or either of the Constables of the 
Town of N., in said County. 

Whereas D. D., of I^., in said county, has exhibited 
to me, B. B., one of the justices of the peace in and for 



RELATING TO THIS TITLE. 397 

said county, his aforesaid complaint on oath, against 
'N. C, of said 'N., yeoman : 

In the name of said State we command you to arrest 
the body of the said 'N. C, and bring him before me, 
or some other justice of the peace for said county, to 
answer to said complaint ; and we also command you 
to summon the said D. D. and P. L., of said 'N., to ap- 
pear at the time and place of trial of said IST. C, to 
testify what they know relative to said complaint. 
Herein fail not. 

Given under my hand and seal, this first day of July, 
in the year eighteen hundred and fifty-eight. 

B. B., Justice of the Peace. 

The form of the summons, on such complaint, may be 
the same as that of the warrant, omitting the words, 
^Ho arrest the body of the said N. C, and bring him 
before me, or some other justice of the peace for said 
county,^' and inserting instead — to summon the said 
N. C. to appear before me, at my dwelling-house^ in said JV., 

on , the eighth day of July instant, at ten o^ clock in the 

forenoon — . 

14. The Form or the Mittimus, in such case, may be : 
[L. S.] Hillsborough ss. To the Sheriff of said County, 
or his Deputy, or any Constable of the Town of iV"., in 
said County. 

Whereas, on the first day of July, in the year eighteen 
hundred and fifty-eight, D. D., of IST., in said county, 
came before me, B. B., one of the justices of the peace 
in and for said county, and on oath complained that 
'N. C, of said I^., yeoman, on said first day of July, at 
said 'N., was found drunk in a certain street in said 1^., 
called Main street, contrary to the police of said town 
and the statute in such case made and provided, and 
against the peace and dignity of the State : And 
whereas, on the same day, the said N. C, being brought 
before me, by virtue of a warrant issued on said com- 
plaint, and pleading not guilty to said complaint, and 
having heard the evidence on behalf of the ^id 'N. C, 
as well as on behalf of the State, it appearing that the 



398 GENERAL PROVISIONS 

said N. C. was guilty as aforesaid, it was ordered that 
he be sent to the house of correction, in said X._, and 
confined therein for the space of thirty days : 

You are required, in the name of said State, to take 
the body of said N. C. and him commit to the house of 
correction, in said N., and him deliver to the keeper 
thereof; and said keeper is ordered to receive and de- 
tain him in his custody, and him there set to work and 
labor, and otherwise deal with as the law directs, for 
the term of thirty days, or until he be discharged by 
due course of law. 

Given under my hand and seal, this first day of July, 
in the year eighteen hundred and fifty-eight. 

B. B., Justice of the Peace. 

15. Every sheriff, deputy sheriff or other officer, in 
the execution of his office for the preservation of the 
peace, or apprehending or securing any person violat- 
ing the same, or for any other criminal matter or cause, 
may require suitable aid in the execution of his office ; 
and if any person, when so required, shall neglect or 
refuse to give such aid or assistance, he shall be punished 
by a fine not exceeding ten dollars, for the use of the 
town where the offence is committed. B. S. ch. 178, 
sec. 12 ; O. 8. ch. 189, sec. 12. 

16. If any person shall willfully assault or obstruct 
any officer, or other person duly authorized, in the 
service of any lawful process or order in any civil case, 
or in any criminal case the punishment of which is 
imprisonment in the common jail, and fine, or either; 
or shall rescue or attempt to rescue any prisoner law- 
fully arrested in any such case, he shall be punished by 
confinement in the common jail not exceeding one 
year, and by fine not exceeding three hundred dollars. 
R. S. ch. 217, sec. 5 ; C. S. ch. 231, sec. 5. 

17. If any person shall keep any gaming-house or 
place, and shall suffer and permit any person to play 
at cards, dice, billiards, or at any bowling-alley, or any 
game whatever therein, for money, hire, gain or re- 
ward, or to bet on the hands or sides of such as are so 
playing, Such person shall be punished by a fine not 
less than ten dollars nor more than two hundred dol- 



RELATING TO THIS TITLE. 399 

lars, or by imprisonment in the county jail not exceed- 
ing one year. R. 8. ch. 220, sec. 3 ; C. S. ch. 234, sec, 3. 

18. Every person who shall be convicted of winning, 
at any one time or sitting, by gaming, or by betting on 
the sides or hands of such as are gaming, any money 
or goods to the value of five dollars or more, and of 
receiving the same, or any security therefor, shall for- 
feit to the use of the town where the offence shall have 
been committed, double the value of the money or 
goods so won and received. Ibid., sec. 4. 

19. If the money, &c., so won and received, is less 
than five dollars, the penalty is not less than two dol- 
lars nor more than ten dollars. Ibid., sec. 5. 

20. Justices of the peace shall be allowed the follow- 
ing fees in criminal cases : 

For drawing a complaint, fifty cents ; 

For a warrant founded on a complaint for any offence, 
twenty-five cents ; 

For granting an appeal, seventeen cents ; 

For each recognizance, seventeen cents ; 

For taking bail of persons committed in criminal 
cases, for each offender, thirty -four cents ; 

For every examination, thirty-four cents; 

For entry of complaint and judgment thereon, fifty 
cents ; 

For a warrant of commitment, and every other war 
rant, except those before mentioned, fifty cents ; 

For every adjournment, seventeen cents. B. S. ch. 
229, sec. 2 ; C. S. ch. 245, sec. 2. 

21. The fees of constables and police-oflScers shall be 
as follows : 

For the service of every writ, notice or execution, 
except writs of subpoena for witnesses, twenty-three 
cents ; 

For summoning witnesses, each, seventeen cents; 

For taking bail, (to be paid by the person bailed) 
seventeen cents; 

For actual travel to serve any writ, process or exe- 
cution, to be reckoned from the place of service to the 
residence of the ofiicer, in no case exceeding fifty miles, 
each mile five cents ; 



400 GENERAL PROVISIONS. 

For attending before justices on trials, where his pres- 
ence is required, each day one dollar. Ihid., sec. 14. 

22. Every person, entitled by law to any fees, shall, 
if requested by the person paying the same at the time 
of such payment, make out and deliver to him a par- 
ticular statement of the items of his services, and of the 
sums demanded and received therefor, and receipt the 
same. E. S. ch. 229, sec. 27 ; C. S. ch. 245, sec. 27. 

23. If any such person shall neglect or refuse to give 
such statement and receipt, he shall forfeit, for every 
such neglect or refusal, the sum of twenty dollars, for 
the use of the town in which the offence may be com- 
mitted. E. S. ch. 229, sec. 28 ; G. S. ch. 245, sec. 28. 



TITLE VIII. 



EEGULATIONS CONCEENING PEOPEETY. 

Chapter 59. Of mills and their repairs. 

Chapter 60. Offences and fence-viewers. 

Chapter 61. Of common fields. 

Chapter 62. Of pounds and impounding animals. 

Chapter 63. Of floating timber. 

Chapter 64. Of strays and lost goods. 



CHAPTER 59. 



OF MILLS AND THEIR REPAIRS. 



1. Repairs in mills, how made. 

2. Application to selectmen. 

3. Contents of application. 

4. Form of application. 

5. Proceedings thereon. 

6. Form of order of notice. 

7. Notice, how given. 

8. Repairs ordered to be made. 

9. Form of such order. 

10. If not made, remedy. 

1 1 . Mode and form of appraisal. 



12. If mill lies in two towns. 

13. Special contracts not affected. 

14. Tolls of grist-mills allowed. 

15. Taking illegal tolls, penalty. 

16. What repairs may be made. 

17. In what cases selectmen may 

order repairs. 

18. If cotenants lose right to use 

water, selectmen cannot or- 
der repairs. 

19. Who are cotenants. 



1. All necessary repairs in any mill, mill-dam or 
flume, owned by joint tenants or tenants in common; 



402 MILLS AND THEIR REPAIRS. 

or in any mill-dam or flume owned in severalty, when 
the privilege of the water is owned jointly or in com- 
mon, shall be made by such owners in proportion to 
their respective interests therein. B. 8. ch, 135. sec. 1; 
a S. ch, 141, sec. 1. 

2. When, in the opinion of any ov/ner of any part or 
share of a mill, mill-dam or flume, it shall be necessary 
that such mill, mill-dam or flume be rebuilt or repaired, 
and the other part owners shall neglect to rebuild or 
repair the same immediately, he may apply, by petition 
in writing, to the selectmen of the town in which such 
mill, mill-dam or flume is situated, to appoint a time 
and place of hearing thereon. Ibid., sec. 2. 

3. Such petition shall contain a description of the 
premises, of the names and shares of all persons inter- 
ested therein who are known, and of the object of the 
hearing, and a request that such hearing may be ap- 
pointed and notice thereof given according to law. 
Ibid.j sec. 3. 

4. The Form of such Petition may be : 

To the Selectmen of the Town of N., in the County of H. 

Eespectfully represents A. B., of said N., that he is 
the owner of one undivided half of a certain saw-mill, 
w^ith the dam, flume and privileges thereto belonging, 
situated in said N.j and bounded thus : 

[Here insert the description of the premises owned in common ;] 

and that the other half of said mill, dam, flume and 
privileges is owned by C. D., of said JST. ; that said mill, 
dam and flume are out of repair, and that it is neces- 
sary that repairs thereon should be made immediately ; 
that although said repairs have been Dccessary for some 
time, and though said C. D. has been notified thereof, 
and requested to make the same, (if the fact is so) yet 
the said C. D. has neglected to cause the same to be 
made : Your petitioner requests, therefore, that you 
will appoint a time and place of hearing, on this peti- 
tion, and cause the said C. D. to be duly notified thereof, 
and that you will order the said C, D. to make his pro- 
portionate part of the repairs w^hich may be necessary 



MILLS AND THEIR REPAIRS. 403 

on said mill, dam and flume, in such manner and within 
such time as you may think reasonable, and to pay 
such portion of the costs as may be just, and for other 
relief, according to the statute in such cases made and 
provided. 

A. B. 
JSr ,May 3, 1858. 

The name, residence, and share of each part owner 
must be stated distinctly; and if the owners and their 
residence are known, they should be requested to make 
the repairs before the petition is filed. Without this 
there will generally be no ^^ neglect/^ If any part owner 
or his residence is unknown, or if the facts are different 
from those stated in the above form, the necessary al- 
terations therein should be made. It may be under 
oath. 

5. The selectmen shall appoint a time and place of 
hearing on such petition, and shall notify all persons 
interested therein, by causing a true and attested copy 
of such notice to be given in hand to, or left at the 
usual place of abode of every such person, at least four- 
teen days before the day of hearing, if such person is 
known and is an inhabitant of this' State; otherwise 
by causing such notice to be posted up in two or more 
public places in the town, twenty days before the meet- 
ing, and published in some newspaper printed in the 
same county, if any there be, if not, in some adjoining 
county, three weeks successively, the last publication 
to be not less than ten days before such day of meeting. 

B. S. ch. 135, sec. 4 ; C. S. ch. 141, sec. 4. 

6. The Form or the Order of !N"otice may be as 
follows, to be made on the petition itself: 

Upon the foregoing petition, it is ordered that a 
hearing thereon be liad at the mill described in said 
petition, on the first day of June next, at nine o'clock 
in the forenoon, and that the said A. B. notify the said 

C. D., by causing a true and attested copy of the fore- 
going petition and of this order of notice thereon to be 
given in hand to, or left at the usual place of abode of 



404 MILLS AND THEIR REPAIRS 

the said C. D., fourteen days at least before said day of 
hearing. 

Given under our hands, this third day of May, 1858. 

P. P. [ Selectmen of N . 

D. T. ) 

If any one of the owners is unknown, or is not an 
inhabitant of the State, the order of notice should be 
diiferent. In such case, after the words, ^^ day of hear- 
ing,'' at the end of the notice, add — and by causing such 
notice to he posted up in two or more public jjlaces in said 
town of N., twenty days before said day of hearing, and 

published in the , printed in said county, three weeks 

successively, the last publication to be ten days at least before 
said day of hearing. 

If no one of the owners who is known resides in the 
State, omit the words, " be given in hand to, or left at 
the usual place of abode of the said C. D., fourteen days 
before said day of hearing/^ and also the w^ords at the 
beginning of the second form, '' and by causing such 
notice to.'' If the owner is unknown, or out of the 
State, no personal notice is necessary, and the order 
should not require it. Such notice should be served by 
some officer or disinterested person — not by one who 
is interested in the petition. 

7. If any person interested is a minor, married wo- 
man, tenant for life or years, mortgager or mortgagee 
in possession, or person under guardianship, the guard- 
ian of such minor, the husband of such married wo- 
man, such tenant, mortgager or mortgagee in posses- 
sion, or guardian, shall be notified as aforesaid, and 
shall rate and contribute as if personally interested ; 
and any sum so contributed and paid shall be a lien 
upon such estate, and a legal charge against the person 
for whom the same is paid. E. S. ch. 135, sec. 5 ; G. S. 
ch. 141, sec. 5. 

8. If, upon any such hearing, the selectmen, or a ma- 
jority of them, shall be of opinion that such mill, dam 
or flume ought to be repaired or rebuilt, they shall order 
such delinquent part owner to repair or rebuild his 



MILLS AND THEIR REPAIRS. 405 

part or share thereof, in such manner and within such 
time as they shall think reasonable, and to pay such 
portion of the costs as they shall award ; but no order 
to rebuild shall issue unless assented to by the owners 
of one half, at least, of such mill, mill-dam or flume. 
Ibid., sec. 6. 

9. The order to repair on such hearing, if the select- 
men order repairs to be made, may be attached to the 
petition and order of notice, (as in the case of laying 
out highways) and the Form may be : 

Upon the foregoing petition the subscribers, select- 
men of the town of JST., having caused notice to be 
given as aforesaid to all the owners of the mill, mill- 
dam and flume described in said petition, to appear at 
said mill on the first day of June, eighteen hundred 
and fifty-eight, at nine o'clock in the forenoon, upon 
the hearing of said petition ; and having met at said 
time and place, and fully heard all parties who attend- 
ed, and all evidence offered in relation to the subject of 
said petition, and having made an examination of said 
premises, we are of opinion that said mill, dam and 
flume are owned in the manner set forth in the petition, 
and that the following repairs are necessary to be made : 
viz., 

IHere insert, what repairs are necessary, at length;] 

and that said C. D. has neglected to make the same. 
We, therefore, order that one half of all said repairs 
be made by the said C. D., within thirty days from the 
date hereof, in a good, substantial manner, and that 

said C. D. also pay the sum of , being one half of 

the costs of said petition and hearing, to the said A. B. 
Given under our hands, this first day of June, 1858. 



P. P. )■ Selectmen of N . 

D. T. ) 

10. If any such delinquent shall not comply with 
such order, any one or more of the other part owners 
may rebuild or repair his part or share of such mill, 
mill-dam or flume, the cost of which shall be appraised 
by the selectmen aforesaid, and certified by them, 



406 MILLS AND THEIR REPAIRS. 

together with their own and all other fees, which sum 
may be recovered of such delinquent, with interest, if 
he receives the benefit thereof, or otherwise shall be a 
lien upon such part, and the rents and profits thereof, 
until such sum, with interest thereon, at the rate of nine 
per cent., and all taxes and repairs, shall be repaid in 
full. K S. ch. 135, sec. 7; C, S. ch. 141, sec. 7. 

11. Before any appraisal is made by the selectmen, 
they should appoint a time and place of hearing there- 
for, and cause the owners, if any, who reside in the 
State, to be notified thereof by a copy of the notice. 

The Form of the JN"otice may be : 

To a JD., of W, 

You are hereby notified that we, the subscribers, 
selectmen of said N., will meet at the saw-mill owned 
by A. B. and yourself, in said N., on the tenth day of 
August, instant, to appraise the cost of certain repairs 
made thereon, and on the dam and flume thereof, by 
said A. B., and which, upon a hearing duly had before 
us, on the first day of June last, you were ordered by 
us to cause to be made, within thirty days thereafter, 
and which repairs, you not having complied with said 
order, have been made by the said A. B., at your ex- 
pense, as he says. 

Given under our hands, this third day of August, 
1858. 



p. p. V Selectmen of N . 

D. T. 3 

The Form of the Certificate of Appraisal may 
be: 

Whereas the subscribers, selectmen of the town of 
IST., did, on the first day of June last, examine a certain 
saw-mill, dam and flume, in said N., owned by A. B. 
and C. D,, of said N., in common, and did, upon a hear- 
ing duly had, after due notice to all persons interested, 
adjudge that certain repairs were necessary to be made 
therein : viz., 

[Here insert the repairs ordered.] 



MILLS AND THEIR REPAIRS. 407 

And that said A. E. and C. D. were each the owner of 
one undivided half of said mill^ dam and fliime^ and that 
said C. D. had neglected to cause his just proportion of 
the necessary repairs to be made^ and did therefore 
order said C. D. to cause one half of said repairs to be 
made within thirty days from said first day of June ; 
and whereas said C. D. has not complied with said 
order^ but has neglected to cause said repairs to be 
made, according to said order, and the said A. B., at his 
own proper cost and charge, has made said repairs, for 
which said 0. D. is liable; we therefore do appraise the 
cost of the said repairs, so ordered to be made by the 
said C. D., and made by said A. B., at the sum of fifty 
dollars, and that our fees for making said examination 
are three dollars. We also certify that the cost of noti- 
fying said C. D. was fifty cents, and the fees of witness- 
es in said examination one dollar and ninety-two cents. 
Given under our hands, this tenth day of August, 
1858. 

^ P. I 



P. P. V- Selectmen of JV- — . 
T. D. ) 

12. If such mill, mill-dam or flume shall be situate in 
more than one town, petition shall be made to and 
acted upon by the selectmen of all such towns^ acting 
as one board. Ibid.^ sec. 8. 

13. If any special contract has been made by such 
part owners respecting rebuilding or repairing any 
mill, mill-dam or flume, it shall not be afl'ected by the 
provisions of this chapter. Ibid., sec. 9. 

14. The toll for grinding grain of any kinds shall not 
be more than one sixteenth part thereof, and for bolt- 
ing not more than one sixty -fourth part thereof Ibid., 
sec. 10. 

15. If any owner of any grist-mill, or any person em- 
ployed therein, shall take more toll than as aforesaid, 
he shall forfeit, for every off'ence, five dollars, to be re- 
covered by action of debt in the name and to the use 
of the person injured thereby, and shall moreover be 
liable, at the suit of the party injured, for damages. 
Ibid., sec. 11. 



408 



FENCES AND FENCE-VIEWERS. 



16. ^^ It is very evident that, under this statute, one 
party is not authorized to call upon the other to erect 
a mill or dam in a different place or of a different char- 
acter from that already existing. Nor can he, upon 
the neglect of the other to repair, proceed to erect a 
mill, or dam, or flume, substantially different from the 
former, and compel the other to pay. The statute au- 
thorizes a repair of the mill, &c. A rebuilding may, 
perhaps, under some circumstances, be considered a 
repair, within the meaning of the statute ; but it can 
not be extended beyond a substantial rebuilding. It 
does not authorize one party to erect a new mill, or 
dam, varying substantially in its dimensions and situa- 
tion from the old.'' 9 JST. S. B, 281. 

17. Selectmen may order repairs of mills, dams, &c., 
when the property is owned by joint tenants or tenants 
in common, but they must be cotenants, not merely of 
the mills, but of all the use of them. 7 Foster B, 477. 

18. If the cotenants of a water mill and dam lose the 
right to use the water, the selectmen can no longer or- 
der repairs to be made. 7 Foster B. 477. 

19. If one of the cotenants of the property is disabled 
to use the property, because he has no right to flow the 
land required for the use of the mill, he is no longer to 
be regarded as a tenant in common, within the mean- 
ing of the statute relating to mills. 7 Foster B. 477. 



CHAPTER 60. 

OF FENCES AND FENCE- VIEWERS. 



1 . Fences, how built or repaired. 

2. Division by parties made. 

3. Form of such division. 

4. Fence-viewers may divide. 
4,a. Jurisdiction offence-viewers. 
4,6. Division can not be shown by 

prescription. 



4,c. Fence-viewers can not settle 

disputed lines. 
4,c?. Not to be deprived of their 

jurisdiction. 
4,e. Majority may act. 
4,/. If three attend, two may 

make report. 



FENCES AND FENCE-VIEWERS. 



409 



5. Application and notice, form. 

6. Form of such division. 

7. What fence is sufficient. 

8. If fence insufficient, remedy. 

9. Proceedings in such case. 

10. Such fence, how repaired. 

11. Expenses, how recovered. 

12. Proceedings to recover ex- 

pense. 

13. Double value allowed. 

14. Owner beginning to improve, 

15. Value in such case appraised. 

16. Forms of proceedings. 

17. Owner ceasing to improve. 

18. Duties of fence-viewers. 
18,6. Proceedings void, when. 
18,c. Costs, how paid, on neglect 

to build fence. 



19. Fees of fence-viewers. 

20. Applications to be written. 
20,a. Several fences may be in- 
cluded in one application. 

21. Oath of fence-viewers. 

21, a. Vacancies, when occurring. 

21,6. Neglect to take oath of of- 
fice does not create va- 
cancy. 

21, c. Such objection must be 
made at hearing. 

22. If fence on town line, duty. 

23. Occupants deemed owners. 

24. Neglect of fence-viewers. 

25. Duties and rights of owners. 

26. Fences on railroads. 

26,6. Railroads to maintain fences. 



1. The owners of adjoining lands under improvement 
shall build and repair the partition fence between them, 
in equal shares. R. S. ch. 136, sec. 1, C, S. ch. 142, sec. 1. 

2. Any division of such fence, made by the parties, 
in writing, and recorded in the town records, shall be 
forever binding upon the parties and all succeeding 
owners and occupants of the land. Ibid.j sec. 2. 

3. The Form of such Agreement may be : 

This agreement, made between A. B. and C. D., both 

of N., in the county of C, 

WITNESSETH : 

That whereas the said A. B. and C. D. are owners 
of two tracts of land in said 'N., adjoining each other, 
and bounded thus : 

[Here insert a description of the premises.] 

And have agreed to make division of the fence on said 
line; now it is mutually agreed that the northern half 

of said fence, beginning at , and ending at , 

shall be forever built and kept in repair by said A. B., 
his heirs and all persons, owners of the land, claiming 
under him ; and that the southerly half thereof, begin- 
ning at , and ending at , shall be forever built 

and kept in repair by the said C. D., his heirs, and all 
persons claiming under him. 
19 



410 FENCES AND EENCE-VIEWERS. 

In witness whereof^ we have hereto set our hands^ 
this third day of May, 1858. 

A. B. (seal.) 
In presence of CD. (seal.) 

The town-clerk should record the agreqjnent in the 
town book kept for that purpose, and add at the bot- 
tom — May 3, 1858: Eeceived and recorded according 
to the original. 

Attest: E. M., Town- Clerk. 

4. If the parties shall not agree upon a division, the 
fence-viewers of the town, upon application, shall make 
such division, which, being recorded in the town rec- 
ords, shall be of the same force as a division made by 
the parties, and a copy of such record shall be evidence. 
Ibid., sec. 3. 

The agreement contemplated by the 5th section of 
the act of February 8, 1791, (which is similar to sec. 3, 
of chap. 136 of the Eevised Statutes) providing that if 
adjoining owners can not agree on a division offences, 
the fence-viewers may make partition, is an agreement 
in writing. If there is no agreement in writing, the 
fence-viewers may make partition, on application of 
either of the owners, except, perhaps, in cases of pre- 
scription. 11 JSr. R. B. 243. 

A division without any writing, made by the parties, 
is binding until it is revoked, and it can not be revoked 
except on application to the fence-viewers. Ihid. 

4:,a. In order to give fence-viewers jurisdiction to 
make a division of fences, it is not necessary that there 
should be any positive disagreemxCnt between the jDar- 
ties. If they have not agreed upon a division and re- 
duced it to writing, the fence-viewers may, U!pon appli- 
cation, make a division. 11 Foster B. 147. 

4,&. A division of partition fences can not be shown 
by a prescription gained since the passage of the stat- 
ute upon that subject, so as to prevent a division by 
fence-viewers. 11 Foster B. 147. 

4,c. Fence-viewers have no power, by virtue of their 
office, under chapter 136 of the Eevised Statutes, to 
settle controversies in regard to disputed lines between 



FENCES AND FENCE-VIEWERS. 411 

adjoining owners ; nor have they power to make a di- 
vision of fences between adjoining owners, except on 
the true line between them. 4 Foster B. 204. 

4:jd. A party can not, by raising a dispute about the 
line, deprive the fence-viewers of jurisdiction ; but he 
may show, in defence of an action of assumpsit by the 
adjoining owner for contribution, that the fence divided 
is not on the true line. 4 Foster B. 204. 

4,6. "When an authority is given to two or more in- 
dividuals to do an act of a public nature, if all meet 
for the purpose of executing it, a majority may decide. 
11 Foster E, 147. 

4,/. If three fence-viewers attend a hearing for the 
division of fences, a return, signed by two of them, is 
sufficient. 11 Foster B. 147. 

5. It is now necessary that the application should be 
in writing. The following Form may be used : 

To the Fence-viewers of the Town of M. 

You are hereby requested to make division of the 
fence between the lands of A. B. and mj^self in said 

town, beginning at , and ending at — — , as the 

said A. B. and myself do not agree upon the same, and 
to cause the same to be recorded according to law. 

May 3, 1858. C. D. 

Before making any division, the fence-viewers must 
appoint a time and place of hearing, and give notice 
thereof to the parties a reasonable time. A week's 
notice will generally be sufficient. ' Service may be 
made by giving, in hand, to the person notified, or leav- 
ing at his usual place of abode the original notice, and 
keeping an attested copy, on which the return of ser- 
vice is made. The Form of the Order of Notice 
may be : 

To A. B., of M, 

You are hereby notified that application in writing 
has been made to the subscribers, fence-viewers of the 
town of M., by C. D., of said M., to make division of 
the fence between the land of said C. D. and yourself, 
in said town, beginning at ; and ending at , 



412 FENCES AND FENCE-VIEWERS. 

you not agreeing thereon : We therefore appomt the 
eleventh day of May instant, at nine o'clock in the 
forenoon, and the north end of the line of said fence, 
as the time and place of hearing said application, when 
and where you may be present and be heard thereon. 
Given under our hands, this third day of May, 1858. 

D. D. I Fence-viewers 
B. G. j of M. 

6. The Form of a Division of a fence, by fence- 
viewers, may be : 

Whereas, on the third day of May, 1858, application 
in writing was made to the subscribers, fence-viewers 
of the town of M., in the county of B., by C. D., of 
said M., to make division of the fence between the 
lands of said C. D. and A. B., of said M., beginning at 

, and ending at , both in said town, said A. B. 

and 0. D. not agreeing on the division thereof, on which 
application w^e appointed the eleventh day of May in- 
stant, at nine o'clock in the forenoon, and the north end 
of the line of said fence as the time and place of hearing 
thereon, and caused said A. B. and C. D. to be duly 
notified thereof, we attended at the time and place of 
hearing so appointed, and having heard said parties and 
their evidence, and examined the fence on said line, we 
do make the following division thereof: That part of 

said fence beginning at , and ending at , we 

assign to said A. B., and order that the same be rebuilt 
and kept in repair by him, his heirs and assigns for- 
ever : That part of said fence beginning at , and 

ending at , we assign to said C. D., and order that 

the same be rebuilt and kept in repair by him, his heirs 
and assigns forever. 

Our fees for said service are two dollars, one half of 
which shall be paid by each of said parties. 

Given under our hands, this eleventh day of May, 
1858. 

D. D. I Fence-viewers 

E. G. I ofM, 

B ss., May W, 1858. Then appearing the said 



FENCES AND FENCE-VIEWERS. 413 

D. D. and E. G., made oath that in making division of 
said fence in the manner aforesaid, they acted impar- 
tially, uprightly, and to the best of their judgment. 

Before me, B. B., Justice of the Peace. 

The notice, certificate of service, and the division and 
oath should all be recorded in the town records by the 
town-clerk, and attested by him as true copies of the 
originals, with the date of their reception. 

7. All fences, four feet high and in good repair, con- 
sisting of rails, timber, boards or stone walls ; and all 
brooks, rivers, ponds, creeks, ditches, hedges, and other 
things deemed by the fence-viewers to be equivalent 
thereto, shall be accounted legal and sufficient fences. 
B. S. ch. 136, sec. 4; C. S. ch. 142, sec. 4. 

8. The fence-viewers, upon application of either par- 
ty, shall view any fence alleged to be insufficient ; and 
if they judge the same to be insufficient, they shall 
limit a time for the building or repair of the same, and 
give notice to the delinquent party to build or repair 
the same within the time so limited. Ibid., sec. 5. 

The notice by the fence-viewers to the owner to re- 
pair a fence, must state in what tow^n the fence is ; 
should describe the fence, so that it may be readily 
known; and must be signed by the fence-viewers in 
their official capacity. They must be called fence- 
viewers in the notice itself. 15 Pick. B. 125. 

The Form of the Application, in substance, may be : 

To the Fence- Viewers of the Town of M., in the County 
of B, 

Whereas the fence between the land of A. B., of said 
M., and myself, situate in said M., has been heretofore 

divided, and the part thereof, beginning at , and 

ending at , ordered to be kept in repair by the 

said A. B. ; and the part beginning at , and ending 

at , was ordered to be kept in repair by myself; 

and whereas that part of said fence assigned to me is 
now in good repair, but that part of said fence assigned 
to said A. B. is out of rejDair and insufficient: You 
are therefore requested to examine said fence, and to 



414 FENCES AND FENCE- VIEWERS. 

adjudge tlie same to be insufficient, and to order the 
said A. B. to repair his part thereof, according to the 
law in such cases made and provided. 

July 1, 1858. C. D. 

The Form of the Notice given by the fence-viewers, 
upon such application, may be : 

To A. B. of M., in the County of B. 

You are hereby notified that application in writing 
has been made to the subscribers, fence-viewers of the 
said M., to examine the fence between the land of C. D., 
of said M., and yourself, situate in said town, and be- 
ginning at , and ending at , which has hereto- 
fore been divided between you, to decide upon the suf- 
ficiency thereof, and to order you to repair that part 
thereof which you are by law bound to repair : You 
are notified that we will attend at the dwelling-house 
of said C. D., in said M., on the eighth day of July 
instant, at nine o'clock in the forenoon, for the purpose 
aforesaid, when and where you may attend and be 
heard. 

Given under our hands, this first day of July, 1858. 

P. E. ) Fence-viewers 



-. E.| 

3. T.J 



S. T. J of M. 

The notice is to be served in the manner previously 
stated, and in all cases an affidavit of service should be 
made on the back of the copy kept. The party can 
never serve a notice legally. 

If the fence is adjudged to be insufficient, the Notice 
TO THE Delinquents, to repair it, may be in form thus : 

To A. B,, of M.J in the County of B. 

Whereas, application in writing was made to us, the 
subscribers, fence-viewers of the town of M., in said 
county, on the first day of July, 1858, b}^ C. D., of said 
M., to examine the fence between the land of the said 

C. D. and yourself, situate in said M., beginning at 

and ending: at , which has been heretofore divided 

between you, and to order you to repair that part 



FENCES AND FENCE-VIEWERS. 415 

thereof which you are by law bound to repair ; upon 
which application we appointed the eighth day of July 
instant, at nine o'clock in the forenoon, at the dwelling- 
house of said C. J). J in said M., as the time and place of 
hearing, for the purposes mentioned therein, and caused 
you to be duly notified thereof; and having attended 
at said time and place of hearing, and having exam- 
ined said fence, and heard, the parties and their evi- 
dence, we adjudge the part of said fence, beginning at 

, and ending at , which said C. D. is bound to 

keep in repair, to be sufficient; and the part of said 

fence beginning at , and ending at , which you 

are bound by law to repair, to be insufficient } and 
order you to cause the same to be put in good repair 
within six da^^s from the date hereof. 

Given under our hands, this eighth day of July, 1858. 

P. E. I Fence-vieioers 
S. T. j ofM. 

B ss., July 8, 1858. Then appearing the said 

P. R. and S. T., made oath that in making the forego- 
ing decision, by them signed, they had acted impar- 
tially, uprightly, and to the best of their judgment. 

Before me, B. B., Justice of the Peace. 

This should be served on the delinquent by giving 
him, in hand, or leaving at his usual place of abode, a 
copy of the above order, attested hj the fence-viewers 
as a true copy. The original in this case is to be kept, 
and the affidavit of service made upon it. The time 
fixed should be a reasonable one for making the repairs, 
after notice is received, which should be given imme- 
diately. 

10. If the party so notified shall not build or repair 
such fence within the time so limited, the owner of the 
adjoining land may build or repair the same. Ibid., 
sec. 6. 

11. The fence-viev/ers, upon application, shall view 
the fence so built or repaired ; and if they judge the 
same, and the residue of the fence between the same 
owners upon the same tract of land, to be sufficient. 



416 FENCES AND FENCE- VIEWERS. 

they shall appraise the fence so built or repaired. lUd.y 
sec. 7. 

12. The Application to Appraise may be in form 
thus : 

To the Fence- Vieivers of the Town of M., in the County 
of B. 

Whereas, on the eighth day of July, 1858, upon a 
hearing before you, upon an application by the subscrib- 
er, to examine the fence between the land of A. B., of 
said M., and myself, situate in said M., you adjudged 

the part thereof, beginning at , and ending at , 

which the said A. B. is by law bound to repair, to be 
insufficient, and ordered him to cause the same to be 
put in good repair within six days from the date thereof, 
of which order said A. B. was duly notified on the same 
day; and whereas said A. B. has neglected to cause said 
repairs to be made according to said order, although 
said time has elapsed, and the subscriber, since the ex- 
piration of said six days, has caused said repairs to be 
made at his own cost and expense : You are requested 
to examine said fence and the repairs so made, and ap- 
praise the same, according to the law in such cases 
made and provided. 

M , July 19, 1858. C. D. 

The Form of Notice thereon may be : 

To A. B., of M., in the County of B. 

Whereas, on the eighth day of Jul}", 1858, upon a 
hearing had^ it was adjudged that the part of the fence 
between the land of C. D., of said M., and yourself, sit- 
uate in said M., which you are by law bound to keep 
in repair, was insufficient, and you were ordered to 
cause the same to be put in good repair within six days 
from the date thereof, of all which you had due notice ; 
and whereas application has been made to us, fence- 
viewers of said M., by said C. D., alleging that you 
have neglected to cause said repairs to be made, and 
that after the expiration of said six days he caused the 
same to be made at his own cost and expense, and re- 
questing us to examine and appraise the same : You 



FENCES AND FENCE-VIEWERS. 417 

are notified that we will attend for that purpose, at the 
dwelling-house of said C. D., in said M., on the twenty- 
ninth day of July instant, at nine o'clock in the fore- 
noon, when and where you may attend and be heard. 
G-iven under our hands this nineteenth day of July, 
1858. 

P. E. ] Fence-viewers 
S. T. I ofM . 

This notice may be served, by leaving the original 
and keeping an attested copy, as in section 5. 

The Form of the Appraisal may be : 

Whereas, on the nineteenth day of July, 1858, appli- 
cation in writing was made to the subscribers, fence- 
viewers of the town of Ivl., in the county of B., by 
C. D., of said M., to examine the fence between the 
land of A. B. and the said C. D., situate in said M., be- 
ginning at , and ending at , which the said 

A. B. is by law bound to keep in repair, and which, 
upon proceedings duly had before us, on the eighth day 
of July instant, was by us adjudged to be insufficient, 
and the said A. B. was ordered to cause the same to 
.be put in good repair, within six days from that date, 
of all which said A. B. had due notice, which said re- 
pairs have not been made by said A. B., according to 
said order ; but, after the expiration of said six days, 
were made by said C D., at his own expense, and the 
cost of which he prays us to appraise ] and having ap- 
pointed the twenty-ninth day of July, 1858, at nine 
o'clock in the forenoon, at the dwelling-house of said 
C. D., in said M., as the time and place of making said 
examination and appraisement, and having caused the 
said C. D. to be duly notified thereof, and having at- 
tended at said time and place, and heard the parties 
and their evidence, we adjudge the part of said fence, 
so put in repair by said C. D., and the residue thereof, 
between said A. B. and CD., on the same tract, to be 
^ sufficient, and we appraise the cost of making said re- 
pairs at the sum of eight dollars ; and we certify that 
our fees for making said appraisal are two dollars. 
19* 



418 FENCES AND FENCE-VIEWERS. 

Griven under our hands, this twenty-ninth day of 
July, 1858. 

P. E. ) Fence-viewers 



5. T.J 



S. T.j o/i¥"- 



B ss., July 29, 1858. Then appearing the said 

P. E. and S. T., made oath that in making the forego- 
ing examination and appraisement, by them signed, 
they had acted impartially, uprightly, and to the best 
of their judgment. 

Before me, B. B., Justice of the Peace, 

13. The person so building or repairing such fence 
shall have the right to demand and recover double the 
said appraised value thereof, of the delinquent party, 
with costs of suit, in an action of assumpsit for labor 
and materials. R, S. ch. 136, sec, S -, C. S. ch. 142, 
sec. 8. 

" It is necessary that the portion of the fence belong- 
ing to a delinquent owner should first be adjudged by 
the fence-viewers insufficient or defective, and that the 
owHcr should have written notice from them of that 
fact, and be requested, in writing, to repair or rebuild 
it within the time limited, in order to entitle the ad- 
joining owner to charge him with the expenses of 
rebuilding or repairing it himself^' 8 Greeiileaf R. 81. 

14. If the owner of land shall have improved the 
same before the owner of adjoining land, and erected 
a division fence, he shall be entitled to demand and re- 
cover of such owner of the adjoining land, when he 
shall begin to improve, the value of such part of the 
fence as, upon any division of the fence then or previ- 
ously made by the parties, or the fence-viewers, it was 
his duty to build. Ihid., sec. 9. 

15. In such case, if the parties do not agree, the 
fence-viewers, on application, shall appraise such fence, 
and the party shall recover the value agreed upon or 
appraised, in an action of assumpsit for so much fence 
sold, if the same is not paid in thirty days after a de- 
mand thereof is made. Ihid.j sec. 10. 

16. The Form of the Application may be : 



FENCES AND FENCE-VIEWERS. 419 

To the Fence-viewers of the Town of B. 

Whereas, I have heretofore improved a certain tract 
of land in the southerly part of said E., adjoining the 
wood lot of A. B., of said E., and have erected, at my 
own expense, a division fence between said lands, be- 
ginning at , and ending at , the said A. B., not 

then improving his said land ) and whereas the said 
A. B. has now begun to improve said land, but neglects 
to pay his just part of the value of said fence, you are 
requested to make division of said fence, to examine 
and appraise such part thereof as ought to be made by 
said A. B., and to proceed therein according to the law 
in such cases made and provided. 

B , May 3, 1858. C. D. 

A division of the fence must be made before the 
builder of the fence can recover. Application for such 
division and for an appraisal may be made in the same 
petition. 

The Form of the Notice thereon may be : 

To A, B., of B., in the County of G. 

You are hereby notified that application in writing 
has been made to the subscribers, fence-viewers of said 
E., by C. D., of saidE., requesting us to examine, divide 
and appraise a certain division fence heretofore built 
by him at his own expense, between his improved 
land and your unimproved land, in the southerly part 

of said E., beginning at , and ending at , your 

just part of the value of which you neglect to pay to 
him, although you have now begun to improve your 
said land ; and we appoint the eleventh day of May 
instant, at nine o'clock in the forenoon, at the north 
end of the fence aforesaid, as the time and place of 
said examination and appraisal, when and where you 
may attend and be heard. 

Given under our hands, this third day of May, 1858. 

E. S. I Fence-viewers 
V. G. J of B . 

This notice is to be served like that in section 5. 



420 FENCES AND FENCE- VIEWERS. 

The Form of the Appraisal may be : 

Whereas, application in writing, on the third day of 
May, 1858, was made to the subscribers, fence-viewers 
of the town of E., in tlie county of C, by C. D., of 
said R., requesting us to examine and make division of 
a certain fence before that time built by him at his 
own expense, between his improved land and the un- 
improved land of A. B., of said E., situate in the 

southerly part of said E., beginning at , and ending 

at , his just part of the value of which said A. B. 

neglected to pay to said C. D., although said A. B. had 
begun to improve his said land, and to appraise his 
portion thereof: upon which application we appointed 
the eleventh day of May instant, at nine o'clock in 
the forenoon, at the north end of said fence, as the 
time and place of examination and appraisal, and 
caused said A. B. and C. D. to be duly notified thereof ; 
and having attended at said time and place, and heard 
the parties and their evidence, and examined said fence, 
and being satisfied that the allegations aforesaid are 
true, we do make division of said fence as folio v,^s : 

We order that the part thereof, beginning at , and 

ending at , be kept in repair forever by the said 

A. B., his heirs and assigns ; and the part thereof, be- 
ginning at , and ending at , be kept in repair 

forever by the said C. D., his heirs and assigns ; and 
we do appraise the value of the part of said fence 
which is to be kept in repair by said A. B., and w^hich 
has been built by said C. D., at the sum of fifteen dol- 
lars. 

We certify our fees in making said appraisal to be 
three dollars, two thirds of which we order to be paid 
by said A. B. 

Given under our hands, this eleventh day of May, 
1858. 

E. S. 1 Fence-vieioers 
Y. G. I ofB . 

The oath may be the same as in section 6. 

17. If any of the owners of adjoining land shall 
cease to improve his land, or shall lay the same in com- 



FENCES AND FENCE- VIEWERS. 421 

mon, he shall not have a right to remove his part of 
the fence, but shall be under no obligation to repair or 
rebuild the same so long as said land shall lie in com- 
mon. Ibid., sec. 11. 

18. The fence-viewers shall give notice, in writing, to 
the other party interested therein, of every application, 
and of the time and place appointed for considering 
the same ; shall hear the parties, if they attend, and 
their evidence, and shall reduce their decision to writ- 
ing, which shall be signed ; and they shall cause a copy 
thereof to be given to. each of the parties within one 
week. Ihid., sec. 13. 

This last provision is an important one, and should 
be carefully remembered. It applies to every decision 
made by the fence-viewers, upon an application. A 
copy of the decision, signed and attested by them as a 
true copy, should be given to each party within one 
week after tlie day of hearing. After copying the de- 
cision in full, with the signatures, add, 

A true copy of the original. Attest : 

A. B. I Fence-viewers 
CD. I ofM . 

Notice in writing is also to be given before any hear- 
ing, to the parties interested ; and every decision, it 
would seem, must now be sworn to, as provided in 
section 21. 

18,6. The duties offence-viewers are chiefly judicial. 
Proceedings before fence-viewers, one of whom is an 
uncle to one of the parties interested, are void. 2 Fos- 
ter E. 473. 

18,(?. That when fence-viewers shall find, upon any 
view, that any party or parties have neglected to build 
or repair fences, which, according to a previous division 
or a previous settlement by fence-viewers, he or they 
v^ere liable to build or keep in repair, such delinquent 
party or parties shall pay the cost of the view. Laws 
of 1858, cA. 2106. 

In proceedings before fence-viewers they should all 
be present, though a majority may decide. 

19. Each fence-viewer shall be allow^ed one dollar 



422 FENCES AND FENCE-VIEWERS. 

per day for his serviceSj to be paid by the party mak- 
ing the application; and he shall be entitled to demand 
and recover the one half thereof of the other party, in 
an action of assumpsit for money paid for his use, un- 
less, in the opinion of the fence-viewers, justice requires 
a different division of the costs; in which case they 
may so order. Ihid., sec, 14. 

20. Every application to the fence-viewers shall be 
in writing, and one application may embrace so many 
subjects as from the nature of the case may be acted 
upon at one meeting. lUd., sec. 15. 

20,a. Several separate fences may be included in one 
application to fence-viewers for a division, and if they 
are separately and distinctly divided, it will be no ob- 
jection to the legality of a part that others are improp- 
erly included in the application, nor any objection to 
the payment of fees for those legally divided. 11 Fos- 
ter R. 147. 

21. The decision of the fence-viewers, upon their 
being duly sworn before a justice that they have acted 
impartially, uprightly, and to the best of their judg- 
ment, shall be final and conclusive upon the parties. 
Ihid.^ sec. 16. 

This oath should be taken after the decision is made, 
and a certificate of the oath written by the justice on 
the decision, as in section 6. 

21,a. If no specific time is fixed, in which a town offi- 
cer is required to take the oath of office, mere neglect 
to do so does not render the office vacant. 11 Foster 
B. 147. 

21,6. When a fence-viewer, elected in March, did not 
take the oath of office till July following, and it did not 
appear that any notice had been given him of his elec- 
tion, or that any one had been elected in his stead ; 
held, that the office was not vacant, and that he could 
legally act after having taken the oath. 11 Foster R. 
147. 

21,c. If a party intends, subsequently, to avail him- 
self of the want of official qualification in a fence-viewer, 
to make a division of fences, he must take the excep- 
tion at the time of the hearing. 11 Foster R. 147. 

22. If the fence in controversy is situate on the line 



FENCES AND FENCE-VIEWERS. 423 

of two towns, the applications shall be made to the 
fence-viewers of the town in which the parties reside. 
If they reside in different towns, then to the fence- 
viewers of that town in which the applicant does not 
reside. Ihid.j sec. 17. 

This refers to cases where the fence is on the line 
itself; not where a part of it is in one town and a part 
in the other. 

23. The actual occupant of any land shall be deemed 
the owner thereof, for any of the purposes of this 
chapter. Ihid.^ sec. 18. 

24. If any fence-viewer, without sufficient cause, 
shall neglect to attend and perform any of the duties 
required by law, he shall forfeit six dollars to any per- 
son who will sue for the same. Ihid., sec. 18. 

25. The party neglecting to build or keep in repair 
any partition fence which he is bound to maintain, shall 
be liable for all damages arising from such neglect, and 
shall have no remedy for any damages happening to 
himself therefrom. Ihid.^ sec. 12. 

[In Massachusetts] '' unless the fence, or the line on 
which it is to be made, has been divided by a written 
agreement between the parties, or assigned pursuant 
to the statute, or by prescription, neither party is 
obliged to make or maintain any particular part of the 
partition fence. In such case each party, at its peril, is 
bound to keep his cattle on his own land.^' 6 Mass. B. 
100. 

But in New-Hampshire, where the parties made a 
division of fences, according to a verbal agreement, and 
one notified the other that he revoked the agreement ; 
jQt, if the cattle of one escape, through a defect of the 
fence which the other is bound to repair, the latter can 
not impound the cattle, because the agreement is not 
liable to be revoked except on application to the fence- 
viewers. 11 N, H. E. 241. 

" The public have no rights in a high-way, but a 
right to pass and repass thereon ; they can not, there- 
fore, justify turning their cattle thereon, for the pur- 
pose of grazing; and if cattle so on the highway, for 
the purpose of grazing, escape into the adjoining close, 
the owner of the cattle can not avail himself of the 



424 FENCES AND FENCE-VIEWERS. 

insufficiency of the fences in excuse of the trespass/^ 
16 Mass, B. 33. 

'^ If I turn my horse into the highway, to feed on 
my own soil there, I am bound to keep him on my 
own soil; and if he escape into a part of the highw^ay 
which runs through the land of my neighbor, and there 
feed, it is a trespass, for which I am liable ; and still 
more if my horse, being thus unlawfully on my neigh- 
bor's soil, in the highway, break thence into his inclos- 
ure, I shall be liable, whether his fence were sufficient 
or not. Such, in our opinion, is the true meaning of 
the statute. It was not intended to give to any person 
the right of using the highway as a pasture, except to 
the owners of the soil; but the object of it was to com- 
pel the owners of lands adjoining highways to fence 
against every thing which might be lawfully in the 
highway. 4 iV". H. B. 39. 

" Every man is bound to fence against every thing 
that may be lawfully in the highway. But where two 
men own adjoining closes, with an undivided partition 
fence, wdiich both are equally bound to keep in repair, 
each is bound to keep his cattle on his own land at his 
peril. But it is the occupier of a close who is bound to 
keep the fences in repair, and not the owner; and the 
occupier of lands, where there are no fences, is bound 
by the same principle to keep the cattle he puts there 
upon the land.^' 7 N. H. B. 521. 

A division of all the fence in dispute between the 
parties, made in their presence by the fence-viewers, 
may be legal ; although the fence on the whole line 
between them be not divided at that time. 13 Maine 
B. 423. 

An occupant of land, who is bound to maintain a 
fence between his own and an adjoining inclosure, may 
place half of it, of reasonable dimensions, on the land 
of the adjoining owner; and he may cut half of a ditch 
on the land of such owner, when a ditch is proper for 
a partition fence. 2 Metcalf B. 180. 

Where one of two owners of adjoining lots of land 
sees the other erect a permanent fence between their 
lands, without making any objection, this is evidence 



COMMON FIELDS. 425 

of an agreement on his part that the fence is erected 
on the true line. 8 iV". IL E. 378. 

See references in chapter 62, ^' Of Founds.^' 

26. If any railroad corporation shall neglect to keep 
a sufficient and lawful fence on each side of their road, 
any person, against whose land such fence is insuffi- 
cientj may notify the agent of such corporation there- 
of; and if such fence shall not be made sufficient within 
twenty days after such notice, the owner of such land 
may make or repair such fence, and may thereupon 
recover of said corporation, in an action of assumpsit, 
double the amount necessarily expended in making or 
repairing the same, as aforesaid ; provided, how^ever, 
that the foregoing provisions of this section shall not 
apply to any case where such corporation shall have 
settled with and paid the owner of such land for build- 
ing and maintaining such fence. 

If any person, having been thus settled with, and 
paid for keeping any such fence in repair, shall neg- 
lect so to do, such railroad corporation may make such 
repairs, and recover the necessary expense thereof of 
the person liable, it. 8. tli. 142, sees, 6, 7 ; (7. S. eh. 150, 
sees. 46, 47. 

26,^. Eailroad corporations are required by statute 
to maintain fences on the sides of their road. 2 Foster 
F. 316. 



CHAPTER 61. 



OF COMMON FIELDS. 



1. Meeting of owners called. 

2. Division of fence, how made. 

3. Supported by tax, when. 



4. Bounds renewed, when. 

5. Rights and duties of owners. 



1. "Wlien several owners of land have agreed or shall 
agree to improve the same in one common field, any 
justice, on appHcation of two or more owners, may call 



426 COMMON FIELDS. 

a meeting of such owners^ and the majority of them, 
when met, may determine in what manner the same 
shall be fenced. B, S. ch. 136, sec, 20 ; G. S. ch. 142, 
sec. 20. 

The form of such application and warrant may be 
similar to that of calling a town meeting, where one 
has never been holden. 

2. They may, in such way as they judge equitable, 
assign to each owner the share of his fence to be erect- 
ed and maintained by him ; and such assignment, being 
recorded in the town records, every such owner and 
all succeeding occupants of his land shall be forever 
subject to all such liabilities in relation thereto, as he 
would be if the same were a partition fence of his own 
land. Ibid., sec. 21. 

The forms in such case may be similar to those in the 
preceding chapter. 

3. Such owners may agree to erect and maintain 
such common fence by a tax ; and thereupon they may 
adopt by-laws ; and their officers shall have power, in 
conformity to such by-laws, to assess and collect such 
taxes. Ibid.y sec. 22. 

4. Owners of lands in common fields, or where there 
is no partition fence, shall, once in every five years, on 
six days' notice, previously given, run the lines and mark 
and renew the bounds between them, on penalty of 
forfeiting five dollars for each neglect, for the use of 
the person giving such notice. Ibid., sec. 23. 

The notice niay be similar to that for the perambula- 
tion of the lines of towns. 

5. The rights of the several owners in common fields, 
after an assignment of the fence, and in relation to the 
fence so assigned, are the same as they would be if such 
fence had been assigned to him under chapter 60. For 
his rights and liabilities, and for forms, see that chap- 
ter. 



CHAPTER 62. 



OF POUNDS AND IMPOUNDING ANIMALS. 



1. Cattle, when impounded. 

2. Cattle, how impounded. 

3. Notice for pound-keeper. 

4. Notice to owner, if known. 

5. Notice, if owner unknown. 

6. Cattle, how released. 

7. Appraisal of damages. 

8. Proceedings thereon, mode. 

9. Release, on payment of dam- 

ages. 

10. Petition for sale of cattle. 

11. Mode of proceeding thereon. 

12. Proceeds, how disposed of. 

13. If no claimant, proceedings. 



14. Pound to be provided. 

14,6. Limitation of suit against 
town for neglect. 

15. Rescue and pound breach. 

16. Cattle rescued retaken. 

17. Evidence of rescue, what. 
17,6. Pound -keeper loses his cus- 
tody, when. 

18. Cattle to be fed duly. 

19. Compensation for food. 

20. Fees of pound-keeper. 

21. Fees of impounder. 

22. Rights and duties of parties. 

23. Rams going at large, penalty. 



1. Any person may impound any swine^ neat cattle, 
horses, sheep, or other creatures that shall be found 
doing damage in his inclosure, or any such creature 
found going at large in any highway or street, or on 
any common, in violation of the laws of the State, or 
any by-law of such town. E. S. ch. 137, sec. 1 ; C. S. 
ch. 143, sec, 1. 

2. Such creatures shall be impounded in the public 
pound, if there is any in the town ; otherwise they may 
be impounded by the party taking up such creatures, 
in his own barn or inclosure. Ibid., sec. 2. 

3. The person impounding any creatures shall leave 
with the pound-keeper, in writing, an estimate of the 
damage done by such creatures, or of the penalty in- 
curred by the owner, and of the amount of the fees 
and charges incurred. Ibid., sec. 3. 

The Form of the Estimate of damages and charg- 
es, to be left with the pound-keeper, may be : 

To R. H.j Keeper of the Found in the Town of S. 

I have this day taken up and impounded, in the town 
pound under your care, one white horse, the property 
of W. F., of said S., found doing damage in my inclos- 



428 POUNDS AND IMPOUNDING ANIMALS. 

ure, in said S.^ lyirig on the road leading from said S. 
to II., known as the Moore meadow. The damage de- 
manded is two dollars. $2.00 
And the following fees and charges : viz., 
Travel, from said in closure to the pound, one 

mile, 06 

Driving said horse to the pound, 04 

Notice to owner, 25 

Travel, to serve notice, two miles, 08 

Keeping one day, in pound, 15 

Pound-keeper for impounding, 05 

$2.63 

S , Jfay 3, 1858. D.N. 

If the horse was found going at large, not doing dam- 
age, omit all after the vf ord ^' found/' down to ^Hwo 
dollars,'' and insert instead — going at large in the public 
highicay near my house in said town. If the horse is im- 
pounded for a violation of a by-law of the town, add — 
in violation of a by-law of said town, whereby the owner has 
incurred a penalty of one dollar, 

4. He shall, within twenty-four hours from the time 
of impounding, cause to be delivered to the owner, or 
person who last had them in his possession or keeping, 
if known to him, or cause to be left at his usual place 
of abode, a notice in writing, describing the creatures 
impounded, stating his estimate of the damage done, 
and the time when and the place where the same was 
done, or of the penalty incurred, the amount of fees 
and charges then incurred, and the place of impounding. 
Ibid., sec. 4. 

The Form or such Notice may be : 
To W. F., of S, 

You are hereby notified that I have this day im- 
pounded, in the common pound of the town of S., a 
Avhite horse belonging to you, which w^as found this 
day doing damage in myinclosure, in said S., lying on 
the road leading from said S. to H., known as the 
Moore meadow, when and where he did damage to the 



POUNDS AND IMPOUNDING ANIMALS. 429 

amount of two dollars. The fees and charges of im- 
pounding, already incurred, are as follows : 

Travel, from said inclosure to the pound, one 

mile, 06 

Driving said horse to the pound,... 04 

ISTotice to owner, 25 

Travel, to serve notice, two miles, 08 

Keeping one day, in pound, 15 

Pound-keeper's fee for impounding, 05 

Amount of damages aforesaid, 2.00 

^2.63 
S ,31^2/3,1858. D. K 

This notice should correspond with the notice left 
with the pound-keeper ; and if the horse was found go- 
ing at large, or has incurred a penalty, it should be 
altered accordingly. 

The original notice should be given, and a true copy 
kept by the person making the service, who should be 
some person competent to be a witness in the case. 

5. When the owner or keeper of any creatures im- 
pounded is not known, the person impounding the same 
shall, within the same time, post up a like notice in 
some public place in the town, and tw^o adjoining towns. 
Ibid., sec. 5. 

The Form of such Notice may be : 

To ivhom it may concern. 

Taken up, this day, doing damage in my inclosure, 
in the town of S., lying on the road leading from said 
S. to H., called the Moore meadow, one w^hite horse, 
the owner of which is unknown, when and where he 
did damage to the amount of two dollars, for which I 
have impounded said horse in the common pound of said 
S., and the fees and charges of impounding, already in- 
curred, are as follows : [Here copy the charges, as 
before.] D. N. 

S , il^fa^/ 3, 1858. 

If the horse was taken up for going at large, the 
corresponding changes in this form should be made. 



430 



POUNDS AND IMPOUNDING ANIMALS. 



6. If the owner^ or any party claiming such crea- 
tures, shall pay the penalty or estimated damage, and 
charges incurred, to the person impounding, or to the 
pound-keeper, the creatures impounded shall he forth- 
with discharged from such pound. Ibid., sec. 6. 

7. If the owner, or party claiming such creatures, 
shall neglect, for the space of forty-eight hours, or shall 
refuse to pay the damages estimated by the person 
impounding the same, either of said parties may apply 
to some justice of the peace, who shall notify the other 
party to appear before him, at a time and place ap- 
pointed, as early as practicable ; and, after hearing the 
parties, shall appoint three disinterested persons to ap- 
praise such damages. Ibid., sec, 7. 

The Form of such Application may be : 

To B. B,, JSsquire, one of the Justices of the Peace within 
and for the County of II. 

Eepresents I). I^., of S., in said county, that on the 
third day of May, 1858, he found, in his inclosure in 
said S., lying on the road leading from said S. to H., 
known as the Moore m^eadow, one white horse, belong- 
ing to W. F., of said S., doing damage therein; that the 
damage done by said horse amounted to two dollars, 
and for that cause he, the said D. IST., imiDOunded said 
horse in the common pound in said S., on the same day, 
and gave due notice thereof to the said owner of the 
horse, who has neglected, for the space of forty-eight 
hours after said notice, to pay said damage ; wherefore 
the said D. ]S". prays that three disinterested persons 
may be appointed to appraise the damage done as 
aforesaid by said horse. 

It may be very proper that the applicant should 
make oath to this application, but it is not essential. 

The Form of the Order of ISTotice, to be attached to 
and made a part of said application, may be : 

Upon the foregoing application, it is ordered that the 
said D. I^. give notice to the said W. F. to appear be- 
fore me, at my dwelling-house in said S., on the sixth 



POUNDS AND IMPOUNDING ANIMALS. 431 

day of May instant^ at nine o'clock in the forenoon, to 
show cause, if any he have, why appraisers should not • 
be appointed, as requested in said application, by read- 
ing to the said W. F. the said application and this order 
thereon, or by leaving an attested copy of said appli- 
cation and order at his usual place of abode, three days 
at least before said day of hearing. 

Given under my hand, this third day of May, 1858. 

B. B., Justice of the Peace. 

Upon the hearing, if no sufficient objection appears, 
the justice may issue his warrant to '^ three disinterest- 
ed persons'^ to appraise the damages. The Form of it 
may be : 

To A. a, D. K, and F. G., of 8., in the County of H. 

[L. S.] Whereas application has been made to the 
subscriber, one of the justices of the peace in and for 
said county, to appraise the damage done by a horse 
belonging to W. F., of said S., in the inclosure of 
D. I^T., of said S., lying on the road leading from said 
S. to H., known as the Moore meadow, on the third day 
of May, 1858, you are hereby appointed to appraise 
the damage, if any, vv^hich may have been done as 
aforesaid. You are, as soon as practicable, to give to 
said parties due notice of the time when you will attend 
at the said meadow for the purpose aforesaid, that they 
may attend and be heard thereon, and to make report 
to me whether any damage was done by said horse at 
the time of his last being in said inclosure only, and 
of the sum at which you estimate the same. 

Given under my hand and seal, this sixth day of 
May, 1858. 

B. B., Justice of the Peace. 

Appraisers, appointed to estimate the damage done 
by cattle distrained doing damage, are not limited to 
the amount of damage claimed by the owner of the 
close, in the notice of distress given bv him to the 
owner of the cattle. 18 Pick. B. 422. 

8. The appraisers so appointed shall notify the par- 
ties, and, as early as practicable, view the place where 



432 POUNDS AND IMPOUNDING ANIMALS. 

the damage is alleged to be done^ and hear the parties 
and their evidence, and report to the justice whether any 
damage was done by such creatures at the time of their 
last being in such inclosure only, and the sum at which 
they estimate the same ; and such report, signed by a 
majority of such appraisers, shall be conclusive upon 
the parties. Ibid., sec, 8. 

The Form of the Notice to the parties may be : 
To W. F., of S., in the County of S. 

You are hereby notified that the subscribers have 
been duly appointed appraisers to view a certain inclos- 
ure in said S., owned by D. N., of said S., lying on the 
road leading from said S. to II., known as the Moore 
meadow, in which it is alleged that a horse, belonging 
to you, did damage on the third day of May, 1858 ; and 
will attend at said meadow on the tenth day of May 
instant, at nine o^clock in the forenoon, for the purpose 
of viewing the same and estimating said damage, when 
and where you may attend and be heard. 

Given under our hands, this sixth day of May, 1858. 

A. C.) 

D. E. y Appraisers, 
F. G. ) 

This notice should be served by giving or leaving the 
original, and keeping an attested copy. At the time 
and place so appointed the appraisers must attend and 
hear the parties ; and the Form of their Appraisal, 
which may be made on the warrant of appointment, 
may be : 

By virtue of the within appointment, having given 
due notice to all the parties interested, of the time and 
place of hearing, for the purpose within mentioned, we 
met at the meadow within named, on the tenth day of 
May, 1858, and having heard the parties and their evi- 
dence, we are of the opinion that damage was done by 
said horse in said inclosure, on the third day of May, 
1858, which was the time of his last being in said in- 
closure ) and we estimate said damages, done at that 
time only, at the sum of two dollars. 



POUNDS AND IMPOUNDING ANIMALS. 433 

Given under our hands this tenth day of May, 1858. 

A. 0.) 

D. E. V Appraisers. 
P. G.) 

Fees, $2.00. 



H ss., May 10, 1858. Then appeared the said 

A. C, D. E. and F. G., and made oath that in making 
the foregoing appraisal and report they had acted im- 
partially, uprightly, and to the best of their judgment. 

Before me, B. B., Justice of the Peace, 

The forms in this section are used only when the 
parties disagree about the amount of damages, and the 
application may be made by either party. The award 
should be returned to the justice immediately. 

9. Upon payment of the damages so appraised, and 
the charges incurred, with the fees of the justice and 
appraisers, to be assessed by the justice, such creatures 
shall be discharged from the pound. Ibid., sec, 9. 

10. If such creatures impounded shall remain in the 
pound for four days after the day of such notice being 
given or posted, as aforesaid, the person impounding 
the same may apply to a justice for the appraisal of the 
damages, if no appraisal has been made, and for an 
order for the sale or appraisal of such property. Ibid.^ 
sec. 10. 

To B. j5., EsqvAre, one of the Justices of the Feace in and 
for the County of H. 

Eepresents D. N., of S., in said county, that on the 
third day of May, 1858, he found a white horse belong- 
ing to W. F., of said S., doing damage in the inclosure 
of him, the said D. N., in said S., lying on the road 
leading from said S. to H., known as the Moore meadow, 
and on the same day impounded the said horse for that 
cause, in the common pound in said S. ; and on the 
second day of May aforesaid gave due notice thereof to 
the said W. F. ; yet, although more than four days have 
elapsed since notice was given to the said W. F., as 
aforesaid, he has neither replevied the said horse nor 
20 



434 POUNDS AND IMPOUNDING ANIMALS. 

paid nor tendered to the subscriber, nor to the pound- 
keeper, the amount of the damages claimed, nor the 
fees and charges of impounding. Wherefore the said 
D. 'N. requests that said damages may be assessed, and 
said horse ordered to be sold, according to the statute 
in such case made and provided. 

S , Jfa2/7, 1858. 

The Form of the Order or Notice thereon^ to be 
made a part of the application, may be : 

Upon the foregoing application it is ordered that a 
hearing thereon be had, at my dwelling-house, in said 
S., on the twelfth day of May instant, at one o'clock in 
the afternoon, and that said D. ]^. notify said W. P. to 
appear at said time and place, to show cause, if any he 
have, why the request in said application should not be 
granted, by reading to the said W. F. the foregoing ap- 
plication and this order thereon, or by leaving at his 
usual place of abode an attested copy thereof, four 
days at least before said day of hearing. 

Given under my hand, this seventh day of May^ 
1858. 

B. B., Justice of the Feace, 

For general directions, see section 7. The applica- 
tion to the justice in these cases may be under oath. 
The justice may require it ; and the order of notice is 
sometimes under seal. Both are very proper. 

11. The justice, after notice and hearing the parties, 
may order such creatures, or so manj^ of them as may 
be necessary, to be sold at public auction by the person 
impounding the same, who shall give notice and pro- 
ceed in such sale in the same manner as sheriffs are re- 
quired to do in sales upon execution, or he may order 
them to be appraised in the same manner as damages 
are required to be appraised, in which case the person 
impounding shall take them to his own use at the ap- 
praised value. Ibid., sec. 11. 

Upon such hearing, if the application is granted, the 
justice will issue two orders ; one appointing apprais- 
ers of the damages, (as in section 7) and the other 



POUNDS AND IMPOUNDING ANIMALS. 435 

authorizing a sale or appraisal of the property. The 
appointment of appraisers may be the same as in sec- 
tion 7. If the property is to be appraised, the form of 
the warrant may be altered so as to embrace both the 
appraisal of the damages and the property. If the 
property is to be sold, the Form may be : 

To B. N., of S.y in the County of H. 

[L. S.] Apj)lication having been made to me, B. B., 
one of the justices of the peace in and for said county, 
by you, on the seventh day of May, 1858, representing 
that on the third day of May, 1858, you found a white 
horse, belonging to "W. F., of said S., doing damage in 
your inclosure in said S., lying on the road leading from 
said S. to H., known as the Moore meadow, and on the 
same day impounded the same for that cause in the 
common pound in said S., and on the third day of May, 
1858, gave due notice thereof to the said W. F. ; and 
that although more than four days had elapsed since 
said notice was given to said W., yet he had neither 
replevied the horse nor paid nor tendered to you, nor 
to the pound-keeper, the amount of the damages, nor 
the fees and charges of imj)ounding, and requesting 
that said damages may be assessed and said horse or- 
dered to be sold, according to law ; and having appoint- 
ed the twelfth day of May, 1858, at one o^clock in the 
afternoon, at my dwelling-house in said S., as the time 
and place of hearing on said application, and caused said 
W. F. to be duly notified thereof, and having attended 
at said time and place, and heard the parties and their 
evidence, it is ordered, that after having posted up no- 
tices of the time and place of sale at two of the most 
public places in said town of S., forty-eight hours before 
the time of sale, you will then and there sell said horse 
at public auction, to the highest bidder ; and after de- 
ducting from the proceeds of said sale the costs thereof, 
and also the damages and all fees and charges of im- 
pounding, you are to pay the overplus, if any, to said 
W. F., upon request. 

Given under my hand and seal, this twelfth day of 
May, 1858. 

B. B., Justice of the Peace. 



436 POUNDS AND IMPOUNDING ANIMALS. 

"When property is appraised for non-payment of 
damages, the advertisement for its sale should not be 
posted up till after the appraisal is completed. The 
owner should have a right to redeem after the ap- 
praisal/^ 21 Fick. E. 55. 

12. After payment of the penalty or damages, and 
all costs, the overplus of such sale or appraisal shall be 
paid to the owner, upon request, B. S. ch. 137, sec. 12 : 
a S. ch. 143, sec. 12. 

13. If, after four days, no owner appears, or if, after 
an appraisal or order of sale, any of the creatures im- 
pounded shall remain unclaimed, the person impounding 
may take such creatures out of the pound, and proceed 
with them as strays. Ibid., sec. 13. 

This section applies to those cases only where the 
owner is unknown ; if the owner is known, there must 
be further proceedings. 

14. Every town shall provide and maintain a good 
and sufficient pound* for impounding and restraining all 
creatures liable to be impounded; and if any town 
shall neglect to provide such pound, they shall incur a 
penalty of thirty dollars for each year they shall be 
destitute thereof, to be recovered by any person who 
will sue for the same to his own use, or may be pun- 
ished by fine of the same amount. Ibid.y sec. 14. 

A town is liable to a penalty, if it neglect either to 
build or keep in repair a pound sufficient to confine 
cattle. 2 ]Sr. H. B. 105. 

The penalty may be recovered for any year during 
which a town may be destitute of a pound, and which 
may be specified in the declaration. It is not necessary 
that the year should commence at any particular time. 
12 N. H. B. 262 ; and see B. S. ch. 211, sec. 3 ; 0. S. ch, 
224, sec. 3. 

14,b. No suit shall hereafter be commenced against 
any town in this State for neglecting to erect and 
maintain a good and sufficient pound, which, by law, 
towns are required to erect and maintain, until the per- 
son proposing to bring such suit shall have given in 
writing to one or more of the selectmen of such town, 
notice of his intention to commence such suit, at least 



POUNDS AND IMPOUNDING ANIMALS. 437 

twenty days prior thereto. Laws of 1848, ch. 702; C. S, 
ch, 113, sec. 15. 

15. If any person shall rescue any creature from the 
possession of any person, driving or being about to 
drive the same to the pound, or shall make any pound 
breach, or in any way, directly or indirectly, convey or 
deliver any creature out of any pound without lawful 
authority, he shall be punished by a fine of twenty 
dollars, or by imprisonment not exceeding six weeks. 
JR. S. ch. 137, sec. 15 ; C. S. ch. 143, sec, 15. 

'' If one take cattle from the lawful custody of a field- 
driver, which he is driving, this is a rescue, although 
they are never out of the view of the field-driver, and 
are finally yielded to him and impounded.^' 17 Mass. 
B. 342. 

'' Upon an indictment for pound breach, the illegality 
of the distress can not be shown in the defence. A 
party is not to judge for himself whether the imprison- 
ment of his cattle is right or wrong. The statute gives 
him a different remedy. The defendant had no more 
right to break the pound than he would have to let a 
person out of jail because he was supposed to be un- 
lawfully imprisoned.^^ 5 Pick. R. 514. 

16. The pound-keeper or person impounding may re- 
take, within six days, any creature directly or indi- 
rectly conveyed or delivered out of the pound without 
lawful authority, and again impound and detain the 
same until the damages and costs are paid, with the 
additional cost of such retaking, or until the same is 
otherwise legally released. Ihid.^ sec. 16. 

17. If any creature, so illegally conveyed out of any 
pound, shall be in any person's inclosure who shall 
refuse to deliver the same to the pound-keeper, or per- 
son who first impounded the same, upon demand, such 
refusal shall be sufficient evidence to convict such per- 
son of having released said creatures from the pound. 
Ihid.^ sec. 17. 

18. The pound-keeper, if there is any, otherwise the 
person impounding, shall cause the creatures impound- 
ed to be provided with food and drink suitable for 
such creatures, and upon neglect shall be liable to the 
owner for all damages arising therefrom. Ihid.. sec. 18. 



438 POUNDS AND IMPOUNDING ANIMALS. 

18,6. If a pound-keeper drives from the pound to his 
barn or pasture, creatures which have been legally im- 
pounded, for the purpose of more conveniently furnish- 
ing them with food and drink, he thereby loses his 
legal control over them. 1 Foster R. 448. 

Several creatures were impounded by R. in the pub- 
lic pound of A. ; K., the pound-keeper, on account of 
his own convenience, drove them from said pound to his 
pasture, to feed, and also into his barn. While in the 
barn, B., the owner, took them and drove them into his 
own inclosure. E. and K. re-took them from B.'s inclos- 
ure and drove them to K/s barn again, to feed, and 
then inclosed them in the pound. Held, that K., by 
driving the creatures from the pound to his pasture and 
barn, lost his legal custody over them ; that his subse- 
quent acts were without authority of law, and that B. 
could maintain replevin against him. 1 Poster B. 448. 

19. The sum to be allowed for sustenance of crea- 
tures impounded shall be, — for cattle and horses, above 
one year old, fifteen cents per day, and for all other 
creatures seven cents per day each. B. S. ch, 137, sec. 
19 ; a S. ch. 143, sec. 19. 

20. The fees to be paid to the pound-keeper shall be 
five cents each for every creature impounded, except 
sheep, which shall be two cents each, including the put- 
ting in and letting out ; and the same fees in case of 
creatures retaken after pound breach. Ibid., sec. 20. 

21. The fees to the person impounding shall be six 
cents a mile for travel from the place of taking to the 
pound, and four cents a head for driving, if more than 
one mile; otherwise, two cents a head; for each notice, 
twenty-five cents, and four cents a mile for travel from 
the pound to the place where such notice shall be given 
or .left, and the same fees in case of creatures retaken 
after pound breach. Ibid., sec. 21. 

22. If a man finds stray cattle in his field, he is 
not bound to impound them or retain them for the 
owner, but may drive them off into the highway — 18 
Pick. B. 227 ; but if he drive them, after they are in 
the highway, to a considerable distance, he will be a 
trespasser. 8 JV. H. B. 404. 

23. If any person shall willfully or negligently suffer 



POUNDS AND IMPOUNDING ANIMALS. 439 

any ram belonging to him^ or in his care^ to go at large 
out of Ms inclosure between the first day of August 
and the first day of December, in any year, he shall 
forfeit, for every such offence, the sum of five dollars, 
for the use of any person who will sue for the same, or 
who shall impound such animal. U. S. ch. 128, sec. 3 ; 
a S. ch, 134, 8ec. 3. 

Swine, unlawfully at large upon the highways in any 
town, can not be legally seized and impounded on the 
Sabbath ; and a hog-reeve who seizes and impounds 
swine on that day is a trespasser. 4 JV. H. R. 153. 

" A vote of a town, to restrain cattle from going at 
large within the limits of the town, is binding on per- 
sons, not inhabitants, whose cattle are found so going 
at large. 

" A turnpike road is a highway within the meaning 
of the statute restraining cattle from going at large.'^ 
4 Pick. B. 258. 

The owner of a close is not obliged to fence but 
against cattle lawfully in the adjoining ground ] and if 
all his fence be insufficient, yet if cattle do not escape 
through the insufficient fence, but are turned in, he 
may lawfully impound them doing damage. 4 Mass. 
E. 471. 

^' No action can be jnaintained by the owner of a 
field against the owner of cattle rightfully on an ad- 
joining close, and straying therefrom through an insuf- 
ficient fence upon such field, unless the fence has been 
divided, and the owner of the cattle is thereby or in 
some way legally bound to keep the fence in repair; 
nor can the cattle be lawfully impounded for that cause. 
The person taking and impounding cattle without jus- 
tifiable cause, is liable to an action therefor.^' 14 Maine 

n. 419. 

It is the duty of a party impounding cattle to feed 
and water them as often as is required, according to 
the usage of the country and of good husbandry. 
Where, therefore, a field-driver, in warm weather, took 
up milch cows, unlawfully going at large in the high- 
way, and drove them to a town pound, and there re- 
strained them from seven o'clock in the morning until 
five o'clock in the afternoon, without giving them food 



440 FLOATING TIMBER. 

or water, it was held that he was a trespasser. 13 
Pick. R. 384. 

A private individual, who imponnds a beast taken 
doing damage, in a town pound, is not liable for any 
injury which such beast may receive from cattle con- 
fined in the same pound. 9 Pich i?. 14. 



CHAPTER 63. 



OF FLOATING TIMBER. 



1. Timber on improved lands. 

2. Timber to be advertised. 

3. Damages, how assessed. 

4. Forms of proceedings. 

5. Removal of timber, when. 

6. Forfeiture of timber. 



7. Timber on unimproved land. 

8. Illegal removal, penalty. 

9. Stopping logs, &c., penalty. 

10. Stealing timber, what is. 

11. Rights of the owners. 



1. Every owner of improved land shall have the right 
to detain all masts, logs, or timber of any kind which 
shall be lodged thereon by the 'waters of any river or 
stream, until the damages occasioned to such land 
thereby, and by the removal thereof, and the expenses 
of advertising the same, shall be paid. P. S. ch, 138, 
sec, 1; C, S. ch. 144, sec. 1. 

2. Every such owner shall advertise all such logs and 
timber, in the month of September, annually, by post- 
ing notices, describing the number thereof and the 
marks thereon, at one of the most public places in the 
same, and two adjoining towns, and causing a like no- 
tice to be recorded by the town-clerk. Ibid., sec. 2. 

The Form oe such Notice may be : 

To whom it may concern : 

Found lodged on my improved land, in the town of 
L., situate on the Ammonoosuc river, and bounded thus : 

[Here insert description ; ] 



FLOATING TIMBER. 441 

and left thereon by the waters of said river, ten logs, 
marked as follows : viz., 

[Here insert the marks.] 

Said logs are detained by me until the damages occa- 
sioned thereby, and my fees and expenses, are paid. 

L , September 1, 1858. U. W. 

Four of these notices are to be made, one to be posted 
up in the town in which the logs are found lodged, one 
in each of two adjoining towns, and the other left with 
the town-clerk. The posting up should be done by, or 
in the presence of some person who can be a witness in 
the case, and some memorandum of the day of posting 
should be made. 

3. If the owner or claimant of such logs or timber 
shall be dissatisfied with the damage and expenses de- 
manded by the owner of such land, the selectmen, and 
in case a majority of them shall be interested, three 
justices may, on application, and after reasonable no- 
tice to the other party, assess such damages and ex- 
penses. Ibid., sec, 3. 

4. The Form of such Application may be : 

To the Selectmen of the Town of L., in the County of G, 

Whereas sundry logs, belonging to the subscriber, 
floating in the Ammonoosuc river, were lodged on the 
improved land of U. W., in said L., and are detained 
by him for the payment of damages and charges, and 
the sum demanded by him being more than in my 
opinion is reasonable, you are requested to assess said 
damages and expenses, according to the law in such 
cases made and provided. 

L , October 30, 1858. J. O. 

The selectmen should appoint a time and place of 
hearing on said application, and give to the person 
detaining the logs reasonable notice thereof. The 
notice may be served by any person who is a com- 
petent witness, by giving or leaving the original no- 
tice and keeping a copy. The Form of the Notice 
may be : 

20* 



442 FLOATING TIMBER. 

To U, TT., of L.y in the County of G, 
You are hereby notified that application in writing 
has been made by J. O., of D., in said county, to us, 
the subscribers, selectmen of said L., to assess the 
damages and expenses occasioned to your improved 
land in said L., by reason of certain logs, belonging to 
said J. O., which were lodged thereon by the waters of 
the Ammonoosuc river, and detained by you until said 
damages and expenses were paid, the sum demanded 
by you being in his opinion more than is reasonable ; 
and that we will meet, for the purpose of assessing your 
said damages and expenses, at the dwelling-house of 
A. B., in said L., on the eighth day of November instant, 
at one o'clock in the afternoon, v/hen and where you 
may attend and be heard thereon. 

Given under our hands, this first day of November,, 
1858. 

E. TO 
[. J. ^ 



H. J. V Selectmen of L . 

M.K ) 

The Form of the Assessment may be : 
Application in writing having been made by J. O., 
of D., in the county of G-., to us, the subscribers, select- 
men of the town of L., in said county, to assess the 
damages and expenses occasioned to the improved land 
of XJ. W., of said L., situate in said L., by reason of cer- 
tain logs which were lodged thereon by the waters of the 
Ammonoosuc river, and detained by said U. W. until said 
damages and expenses should be paid ; and the sum de- 
manded by said U. W. of said J. O., being, in his opin- 
ion, more than was reasonable ; and having appointed 
the eighth day of November, 1858, at one o'clock in 
the afternoon, at the dwelling-house of A. B., in said 
I^., as the time and place of making said assessment, 
and having caused said parties to be duly notified 
thereof, and having attended at said time and place, 
and heard said parties and their evidence, we do assess 
the damages occasioned to the improved land of said 
U. W., by said timber, and by the removal thereof, at 
the sum of four dollars, and the expenses of advertis- 
ing the same at the sum of two dollars. 



FLOATING TIMBER. 443 

Given under our bands, this eighth day of Novem- 
ber, 1858. 

E. T.-) 

H. J. y Selectmen of L . 

M.K ) 

No provision is made by the statute for the payment 
of the fees of selectmen ; but as the proceedings are 
for the sole benefit of the owner of the logs, they need 
not act until the fees are paid. 

5. On payment or tender of the damages and ex- 
penses so demanded or assessed, the owner of the logs 
and timber shall have the right to remove the same at 
any time within seven months after such notice is posted 
up as aforesaid. Ibid., sec. 4. 

6. If such logs or timber shall not be removed with- 
in said seven months, they shall be forfeited to the 
owner of the land, and he may convert the same to his 
own use, provided they have been duly advertised as 
aforesaid, and the owner of the land may recover his 
damages and expenses in an action on the case against 
the owner of sach logs or timber, or any other person 
putting the same into the river. If such damages and 
expenses have been previously assessed, as provided in 
section third of this chapter, such assessment shall be 
conclusive as to the amount of such damages and ex- 
penses. H. S. sec. 5, as amended by Laws of 1852, ch. 
1292 ; a S. 144, sec. 5. 

7. If any logs, masts or spars of any person shall be 
lodged on the unimproved land of any other person, 
they may be detained until the damages occasioned 
thereby and all costs are paid. Ibid., sec. 6. 

8. If any such logs or timber shall be removed by 
the owner, or any other person, without payment or 
tender of the damages and expenses, as aforesaid, he 
shall be liable to the owner of such land therefor, and 
for costs, in an action to be commenced within one 
year, and not after. Ibid.y sec. 7. 

9. If any person shall wrongfully stop any masts, 
spars, or logs, of any other person, or prevent them 
from floating down any river or stream ; or if any per- 
son shall willfully and fraudulently cut out or destroy 



iU 



STRAYS AND LOST GOODS. 



the mark on such logs or timber, he shall be punished 
by imprisonment not more than thirty days, or by fine 
not exceeding twenty-five dollars. Ibid., sec. 8. 

10. If any person shall willfully and fraudulently 
take and carry away, or otherwise convert to his own 
use, either personally or by others in his employment 
and under his control, any log or timber of another, 
being in any river or stream, or on the banks or mead- 
ows adjoining the same, he shall be adjudged guilty 
of larceny, and punished by imprisonment not less than 
thirty days nor more than one year, or by confine- 
ment to hard labor not exceeding two years. Ibid., 
sec. 9. 

11. The provisions of this chapter are not unconsti- 
tutional, and the title of the former owner to timber 
forfeited under it is wholly lost. 3 iV. H. E. 325. But 
if the owner of the timber has removed it from the land 
on which it was lodged, before the owner of the land 
took possession of it for the purpose of detaining it, the 
latter will have no right to seize it afterward. He 
must '' detain'^ it while on his land, or look to the own- 
er of the timber for the damages. 4 N. H. R, 344. 



CHAPTER 64. 



OF STRAYS AND LOST GOODS.- 



1. Notice to town-clerk gi\en. 

2. Town-clerk to record notice. 

3. Notices to be posted up. 

4. Property, how appraised. 

5. Oath and return of appraisers. 

6. Owner not a/)pearing, remedy. 

7. Propert}^, when given up. 



8. Expenses, how adjusted. 

9. Owner liable for expenses. 

10. Neglect of finder, penalty. 

1 1 . Neglect of town-clerk, penal- 

ty- 

12. When taken up as strays. 

13. Fees and charges. 



1. The person finding any money or goods, or finding 
and taking up any stray beast, the owner of which is 
unknown, shall give to the town-clerk a notice in writ- 



STRAYS AND LOST GOODS. 445 

ing, describing the money^ goods or beast, within six 
days after so finding and taking up the same. B. S. 
ch. lZ^,sec. 1; C, 8. ch. 145, sec, 1. 

The Form of such Notice may be : 

To whom it 7nay concern, 

Notice is hereby given that on the second day of 
May, 1858, I found doing damage in my inclosure, near 
my dwelling-house, in the town of C, in the county of 
C, one red heifer, about three years old, with a white 
spot on her left rump, (or, one buffalo skiUj marked L. JD,) 
the owner of which is to me unknown. 

C , May 3, 1858. ^Y, B, E. 

If the creature found is a horse or mule, or if any 
creature is found between the first day of November 
and the first day of April, or if the thing found is not 
an animal, the words, '^ doing damage in my inclosure,^ 
need not be inserted. See sec, 12. 

2. The town-clerk shall record such notice in a book 
to be kept by him for that purpose. Ihid., sec. 2. 

3. The finder of such property shall, within six days 
after finding or taking up the same, post up a notice, 
describing the money, goods or beast, at two public 
places in the town where the same was found; and if 
the value thereof exceed five dollars, at some public 
place in each of two adjoining towns, or cause a copy 
of such notice to be published three weeks successively 
in some newspaper circulated in such town. Ibid., sec. 3. 

The notice posted or published may be the same as 
that given to the town-clerk in sec. 1. 

4. If no owner shall appear within one month after 
notice given, as aforesaid, the finder shall apply to a 
justice, who shall appoint three persons to appraise such 
property, unless the same be money. Ibid,^ sec, 4. 

The Form of such Application maybe: 
To A. B.J one of the Justices of the Peace in and for the 
County of C, 

"Whereas, the subscriber, of C, in said county, on the 
second day of May, 1858, found in my inclosure, near 



446 STRAYS AND LOST GOODS. 

my dwelling-house, in said C, one red heifer, about 
three years old, with a white spot on her left rump, the 
owner of which is unknown ; and on the next day I 
gave a written notice thereof to the town-clerk of said 
C, and also on the same day posted up like notices at 
the tavern of A. L. and the store of C. Gr., both in said 
C, and public places, and also at the tavern of E. P., 
in the town of H., and at the tavern of 'N. W., in the 
town of G., both in said county, and public places in 
said towns ; and although more than one month has 
elapsed since said notices were given and posted, as 
aforesaid, yet no owner has appeared to claim said 
property; you are, therefore, requested to appoint 
three persons to appraise said heifer, according to the 
statute in such case made and provided. 

C , June 4, 1858. W. B. E. 

The appointment of appraisers may be made on the 
application itself, in which case the Form may be : 

To B. M, F. G. and L. Q., all of 0., in the County of 0. 

[L. S.] Upon considering the foregoing application, 
and by virtue of the authority in me vested, you are 
hereby appointed and directed to appraise the property 
mentioned in said application, being first sworn to the 
faithful discharge of your duty, and to make return of 
your doings to me. 

Given under my hand and seal, this fourth day of 
June, 1858. 

A. B., Justice of the Feace, 

5. The appraisers shall be sworn by the justice to 
the faithful discharge of their duty, shall appraise the 
property, and make a return of their appraisal to the 
justice. Ibid., sec. 5. 

The Form of the Oath of the Appraisers, to be 
taken before the appraisal, and the Certificate made 
on the back of the warrant, may be : 

G , June 4, 1858. Then appearing the said D. E., 

F. C. and L. Q., made oath that in appraising the prop- 
erty mentioned in the within warrant they would act 



STRAYS AND LOST GOODS. 447 

faithfully and impartially, and to the best of their judg- 
ment. 

Before me, A. B., Justice of the Peace, 

The Form of the Appraisal, to be made on the 
warrant, may be : 

The subscribers, appointed appraisers by the within 
warrant, have carefully examined the property set 
forth therein, and do, upon oath, appraise the value of 
said heifer to be ten dollars, and no more. 



-, June 4, 1858. 



F. C. [ Appraisers. 
D.E. 



6. If the owner of such property or beast shall not 
appear and claim the same within one year after no- 
tice given to the town-clerk, the person finding or tak- 
ing up the same may keep the property for his own 
use, upon paying to the town treasurer the residue of 
such money, or the appraised value of such property 
or beast, after deducting the fees and expenses incur- 
red. Ihid., sec. 6. 

7. The owner, within one year, upon paying or ten- 
dering to the finder a reasonable sum for the keeping, 
charges and fees incurred, shall be entitled to his prop- 
erty. lUd., sec. 7. 

8. Any justice shall adjust and determine the amount 
of the fees and charges of the finder, clerk, appraisers 
and justice, and the expense of keeping, on application 
of any person interested. Ibid., sec. 8. 

9. The owner of any stray beast shall be liable to 
the person taking up the same, for such fees, charges 
and expenses, in case the beast should die without the 
fault or negligence of the finder. Ihid., sec. 9. 

•10. If any person, finding any property or taking 
up any stray beast, shall neglect to give notice to the 
town-clerk, or to post up notices, as before prescribed, 
or to cause such appraisal to be made, he shall receive 
nothing for his services or expenses, and shall forfeit a 



448 STRAYS AND LOST GOODS. 

sum equal to double tlie value of the property found or 
beast taken up. Ihid.^ sec. 10. 

11. If any town-clerk shall omit to record any notice 
as aforesaid, or if any person shall pull down or destroy 
any notice so posted, till the purpose thereof is an- 
swered, he shall forfeit the sum of thirty dollars. Ibid., 
sec. 11. 

12. No beast, except horses and mules, shall be taken 
up as a stray from the first day of April to the first day 
of JSTovember in any year, unless the same shall be 
found doing damage in some inclosure. Ihid., sec. 12. 

13. The fees for notifying the clerk shall be twenty- 
five cents ; for each advertisement, twenty-five cents ; 
for recording the notice, ten cents ; for appointing ap- 
praisers, twenty-five cents; for receiving and record- 
ing the appraisal, twenty-five cents ; for adjusting the 
charges and expenses, twenty-five cents. Ihid., sec. 13. 



TITLE IX. 



DUTIES OF TOWN OFFICBES IN SPECIAL 

CASES. 

Chapter 65. Of the drawing of jurors. 

Chapter 66. Of the militia. 

Chapter 67. Of surveyors^ weighers and measurers. 

Chapter 67,B. Of transient tradesmen and peddlers. 

Chapter 68. Of wild animals, dogs and sheep. 

Chapter 69. Special duties of town-clerks. 



CHAPTEK 65. 



OF THE DRAWING OF JURORS. 



1. List of jurors, how made. 
1,6. May be revised. 

l,c. Proceeding, if juror disqual- 
ified. 

2. Number of names on list. 
2, a. Number of jurors fixed. 
2,b. If number reduced. 

3. Who are exempted. 

4. Names to be put in jury-box. 

5. Number of jurors ordered. 

6. Venires for jurors issued. 

7. Venire served on town-clerk. 

8. Notice of drawing given. 

9. Mode of drawing jurors. 
10. If juror drawn insane, &c. 



11. Name drawn excluded from 

box. 

12. Record of drawing made. 

13. Jurors to be notified. 

14. Venire to be returned. 

15. Drawing on emergency. 

16. Penalty for neglect of clerk, 

&c. 

17. Penalty for neglect of jurors. 

18. Penalty on selectmen. 

19. Penalty on town-clerk. 

20. Selectmen of wards to make 

list of persons qualified to 
serve as jurors. 

21 . Duties of clerks of wards. 



450 DRAWING OF JURORS. 

1. The selectmen of each town shall annually, in De- 
cember, make a list of such persons as they shall judge 
best qualified to serve as jurors ; and the list thus an- 
nually made by the selectmen shall be by them kept 
and delivered over to their successors in office. R. S. 
ch. 176, sec. 1; C. S. ch. 186, sec. 1. 

l,b. Whenever from any cause the number of names 
in the jury-box of any town shall be reduced below the 
number of jurors required to be drawn for any court, 
the selectmen of such town, before the day appointed 
for drawing such jurors, may proceed to revise the jury- 
box of such town, in the same way and manner as is 
now provided to be done in the month of December. 
Statutes of 1845, ch. 231, sec. 1; C. S. ch. 186, sec. 5. 

l,c. If any person, whose name shall be drawn as a 
juror, has become disqualified according to the provi- 
sions of the Eevised Statutes, the town-clerk shall cer- 
tify the fact on the back of the venire, and draw ano- 
ther name. Laws of 1845, ch. 231, sec. 2. 

2. Such list shall not contain the names of more than 
fifteen persons in towns containing less than one hun- 
dred and fifty ratable polls ; twenty-five, in all other 
towns containing less than three hundred ; thirty, in 
all other towns containing less than four hundred; 
thirty-five, in all other towns containing less than five 
hundred ; forty, in all other towns containing less than 
twelve hundred , and forty-five, in all other towns con- 
taining more than twelve hundred ratable polls. B. S. 
ch. 176, sec. 2; C. S. ch. 186, sec. 2. 

2,a. In making the lists of jurors, the number shall 
not be less than one half the number fixed as the high- 
est number for the several descriptions of towns speci- 
fied in section 2, Ijaws of 1857, ch. 1958, sec. 1. 

2,b. Whenever, from any cause, the number of names 
in the jury-box of any town shall be reduced below the 
number specified as the smallest number in the preced- 
ing section, the selectmen of such town, before the day 
appointed for drawing such jurors, may proceed to re- 
vise the jury-box of such town^ in the same way and 
manner as is now provided to be done in the month of 
December. Jjaws of 1857, ch. 1958. 

8. The governor, secretary and treasurer of the state, 



DRAWING OF JURORS. 461 

judges and clerks of courts^ register of probate^ regivster 
of deeds^ sheriffs and their deputies, counsellors and 
attorneys-at-law, ordained ministers and practicing 
physicians and surgeons, are exempted from serving as 
jurors, and their names shall not be placed on said lists. 
Ibid., sec, 3. 

4. The names on said lists shall be written upon sep- 
arate and similar pieces of paper, which shall be so 
rolled up that the names can not be seen, and placed in 
a box, to be provided for that purpose by the selectmen, 
which shall be delivered to the town-clerk, to be kept 
by him under lock. Ihid.j sec. 4. 

5. The courts shall direct the number of jurors to be 
summoned, and from what towns, in such manner that 
each town may furnish its due proportion of jurors in 
each year. B. S. ch. 176, sec. 5 ; 0. S. eh. 186, sec. 6. 

6. The clerks of the court of common pleas and su- 
preme judicial court shall issue writs of venire facias^ 
directed to the clerks of such towns as the court may 
order, forty days before the sitting of such court, 
requiring each of them to cause to be selected and re- 
turned so many jurors as are therein mentioned. M. S. 
ch. 176, sec. 6; C. S. ch. 186, sec. 7; Jjaivs of 1855, ch. 
1659. 

7. The clerk shall cause such venires to be delivered 
to such town-clerks twenty-five days, or to the sheriff 
forty days before the sitting of the court ; and the 
sheriff shall cause all venires so delivered to him to be 
delivered to the town-clerks twenty-five days before 
the sitting of the court. B. S. ch. 176, sec. 7 ; C. S. ch. 
186, sec. 8. 

8. Each town-clerk, upon the receipt of the venire, 
shall notify the selectmen of the time and place by him 
appointed for the selection of jurors, and post up a no- 
tice thereof in some public place in such town, seven 
days at least before the time so appointed. B. S. ch. 
176, sec. 8 ; G. S. ch. 186, sec. 9. 

The town-clerk should give notice to the selectmen 
personally of the time and place appointed, either by 
stating it to them or by leaving a written notice at the 
nsual place of abode, seven days at least before the 
day appointed. A written notice is preferable, or a 



452 DRAWING OF JURORS. 

copy of the notice posted, but not necessary. This is a 
change of the law. The Form of the Notice to be 
posted up may be : 

To the Inhabitants and Selectmen of the Town of C, in 
the County of 3L 

[L. S.] You are hereby notified that a meeting will 
be holden at the west meeting-house in said town, on 
— —, the twenty-fifth day of February instant, at two 
o'clock in the afternoon, for the selection of one grand 
juror and two petit jurors, (insert tJ^e number requiixd 
by the venire^ to serve as such at the supreme judicial 
court to be holden at C, in and for this county, on the 
fourth Tuesday of next. 

Given under my hand and seal, this day of , 

1858. 

E. M., Town-Clerk of C. 

This is to be posted up by the town-clerk, and after- 
ward preserved by him ; but it would be prudent for 
him to keep a copy, in case the original should be de- 
stroyed. 

The Form of the Eeturn of Service on the notice 
may be : 

M ss. This certifies that on the day of 

, 1858, I posted up the within notice at the west 

meeting-house in said C., and on the same day gave to 
C. L., M. E. and F. P., selectmen of said town, notice 
to attend at the time and place, and for the purpose 
within mentioned. 

E. M., Town-Clerk. 

9. At the time and place so appointed, the town- 
clerk, in the presence of the selectmen, whose duty it 
shall be tb attend, and of such other persons as may 
choose to attend, shall draw from the box, held in such 
manner that the papers therein can not be seen, the 
names of so many persons as are required by the ve- 
nire. In the absence of the town-clerk one of the select- 
men shall draw the same. JS. S. ch. 176, sec. 9 } C. S. 
ch. 186, sec. 10. 



DRAWING OP JURORS. 453 

10. If any person, whose name is so drawn, has de- 
ceased, become insane, has removed from town, or is 
disabled by sickness, the town-clerk shall certify these 
facts on the venire, and draw another name. B. S. ch. 
176, sec. 10 ; 0. S. ch. 186, sec. 11. 

11. The persons whose names are so drawn shall be 
returned to serve as jurors, and their names shall not 
be again placed in such box for the term of two years. 

B. S. ch. 176, sec. 11; C. S. ch. 186, sec. 12. 

12. The town-clerk shall record the notice posted by 
him, as aforesaid, the names of the selectmen present, 
and of the persons drawn as jurors. jB. S. ch. 176, sec, 
12 ; C. S. ch. 186, sec. 13. 

The notice and certificate of service should be record- 
ed at length, including the town-clerk^s name, and at- 
tested 1858. Eeceived and recorded according to 

the original, and examined. 

Attest: E. M., Town- Clerk. 

Under this he should record the drawing, as fol- 
lows : . 

At the time and place appointed in the foregoing 
notice, I'attended, for the purposes mentioned therein, 

C. L. and F. P., selectmen of said town of C, being 
present, and then and there, in presence of said select- 
men and others, the following persons were drawn to 
serve as jurors at the court aforesaid: viz., 

W. B. G., as grand juror. 

H. C, as petit juror for the first week. 

L. S., as petit juror for the second week. 

A true record. Attest: E. M., Town- Clerk. 

13. A notice in writing of his selection as a juror, of 
the court he is to attend, and of the day and hour he 
is to appear, shall be given to each juror, or left at 
his usual place of abode, four days at least before the 
sitting of the court, by the town-clerk or a constable. 
B. S. ch. 176, sec. 18 ; C. S. ch. 186, sec. 14. 

The Form of such Notice may be : 



454 



DRAWING OF JURORS. 



To W. B. G., Of a 

You are hereby notified that you have been duly 
selected as a grand juror from this town^ and you are 
to attend at the supreme judicial court to be holden at 

C; in and for this county, on the Tuesday of 

next, at ten o'clock in the forenoon, for that purpose. 
Fail not at your peril. 

E. M., Town- Clerk. 

If the person is selected as a petit juror for the second 
week, after the words " this town,^^ insert, for the second 
week of the term ; also omit the words, " first Tuesday,^' 
and insert the day and hour on which he is to attend, 
as required by the venire. 

14. The town-clerk shall certify, upon the venire, the 
names of the persons so selected as jurors, and that 
they have been notified as aforesaid, and cause such 
venire to be returned to the clerk of the court at the 
hour at which the juror has been notified to attend. 
B. S. ch, 176, sec. 14; C. S. ch. 186, sec. 15. 

The Certificate, upon the venire, may be : 

M ss. This certifies that by virtue of the within 

venire, I appointed the day of February, 1858, at 

two o'clock in the afternoon, at the west meeting-house 
in the town of C, in said county, as the time and place 

' of drawing the jurors within directed ] and on the 

day of February, 1858, I gave notice of said time, 
place and purpose, to C. L., M. E. and F. P., selectmen 
of said town, and on the same day posted up at said 
meeting-house a notice thereof, under my hand and 
seal ] and at said time and place, the said C. L. and F. P. 
being present, and all such others as chose to attend, 
W". B. Gr. was duly selected as grand juror, H. C. as 
petit juror for the first week, and L. S. as petit juror for 
the second week of the term of the court within men- 
tioned ; and on the day of February, 1858, 1 noti- 
fied the said "W. B. G-., H. C. and L. S. severally of their 
selection, and of the place, day and hour at which they 
must attend, as within directed. 

E. M., Toion-Clerk of C. 



DRAWING OF JURORS. 455 

15. Upon any emergency, jurors may be selected 
while the court is in session. The venires shall be issued 
and notice of the time and place of such selection 
given, and the jurors drawn and notified forthwith ; 
and the jurors so drawn and notified shall immediately 
attend the court. B, S. ch. 176, sec. 15 ; G. S. ch. 186, 
sec. 16. 

16. If any clerk, sheriff or town-clerk, shall neglect 
to perform any of the duties enjoined by this chapter, 
he shall be fined by the court in the sum of twenty dol- 
lars. R. S. cli. 176, sec. 16 ; G. S. ch. 186, sec. 17. 

17. If any person selected as a juror, and duly noti- 
fied to attend, shall, without sufficient cause, neglect to 
attend agreeably to such notice, he shall be fined by the 
court in a sum not exceeding twenty dollars. U. S. ch. 
176, sec. 17; G. S. ch. 186, sec. 18. 

18. If any selectmen shall willfully neglect to per- 
form any duty required by this chapter, or shall put 
upon the list a greater number of names than is allow- 
ed by law, or shall put on the list the name of any per- 
son at his own request, or on the request of any other 
person, or shall withdraw from the box the name of 
any person legally put upon the list, or shall be guilty 
of any fraud or collusion, with respect to the draw- 
ing of jurors, he shall be punished by a fine of fifty 
dollars for each offence. JR. S. ch. 176, sec. 18 j G. S. 
ch. 186, sec. 19. 

19. If any towii-clerk shall draw from the box a 
greater number of names than is mentioned in the 
venire, except in cases provided, or shall put, or suffer 
to be put in said box, any name, after the same is de- 
livered to him, as aforesaid, or shall be guilty of any 
fraud or collusion in respect to the drawing of jurors, 
he shall be punished by a fine of fifty dollars. M. S. 
ch. 176, sec. 19 ; G. S. ch. 186, sec. 20. 

20. The selectmen of the towns, or wards of the 
cities, in this State, shall make and keep a list of per- 
sons within their ward or town, qualified to serve as 
jurors, and shall perform all other such duties as the 
selectmen of other towns in the State are required to 
perform in relation to the selection of jurors. JLaws of 
1851, ch. 1098, sec. 1 ; G. S. ch. 186, sec. 24. 



456 



THE MILITIA. 



21. The clerk of the court of common pleas shall 
issue writs of venire facias to the clerks of such town 
or wards, in the same manner as he is by law required 
to issue such writs to clerks of other towns. And the 
clerk of such town or ward shall perform all the duties 
in relation to the selection and return of jurors, which ■ 
clerks of the other towns are by law required to per- 
form. And all laws applicable to towns and town ofS.- 
cers, in relation to jurors, shall be taken to apply to 
the towns or wards which compose the cities in this 
State. Laxos of 1851, ch. 1098, sec. 2-, C. S. ch. 186, 
sec. 25. 

For the laws relating to Police Courts, see Pamphlet 
Lawsj 1852, ch. 1282 ; C. S. ch. 185. 



CHAPTER 66. 



OF THE MILITIA. 



1. Persons liable to do military 

duty. 

2. By whom enrolled. 

3. Penalty for refusal to give in- 

formation. 

4. Penalty for false information. 

5. Penalty if selectmen negleet 

to enroll. 

6. Arms to be distributed. 

7. Arms, where taken from. 

8. Volunteers ordered out in case 

of riot. 

9. Officers of, how appointed. 

10. Services of volunteers to be 

accepted. 

11. List of those performing duty 

to be made. 



12. Volunteer companies, how 

raised. 

13. Services to be tendered to 

commander-in-chief. 

14. Selectmen to procure arms. 

15. Uniform of volunteer compa- 

nies. 

16. To parade, when. 

17. Disbanded, how. 

18. Enlistment valid, when. 

19. Enlistments for five years. 

20. Number of persons in a com- 

pany. 

21. Soldiers, how paid. 

22. Evidence of service. 

23. Captain to make list of those 

doing duty. 

24. Certificate to be under oath. 



1. Every free, able-bodied male citizen of this State, 
resident therein, of the age of eighteen years, and un- 



THE MILITIA. 457 

der the age of forty-five years, not now by law exempt 
from doing military duty, shall be enrolled in the town 
or city within whose limits he may reside, unless he 
shall be regularly enlisted in some volunteer company. 
Laws of 1857, ch. 1992, sec. 1. 

2. This enrollment shall be made annually, in the 
month of April, by the selectmen of each town, or the 
assessors of each city, and a record thereof deposited 
with the clerk of said town or city, and an abstract of 
the same forwarded by the clerk to the adjutant-gen- 
eral, previous to the twentieth day of May. Ihid., sec. 2. 

3. If any person, when applied to by the captain, 
or any officer of the company in which he is enlist- 
ed, or by the selectmen of the town, or the officers of 
the city within whose limits he resides, shall neglect 
or refuse to give information, or shall give false answers 
in relation to his name or age, with intent to discharge 
himself from performing military duty, he shall forfeit 
five dollars for each offence. K such person is a minor, 
his parent or guardian shall be liable for such forfeit- 
ure. lUd.y sec. 3. 

4. If any person, when applied to by any officer as 
above, shall neglect or refuse to give information, or 
shall give any false information in relation to the name 
of any person liable to do military duty, residing in his 
house or family, he shall forfeit the sum of five dollars. 
Ihid., sec. 4. 

5. If the selectmen of any town, or the city council 
of any city, shall neglect or refuse to perform any duty 
imposed upon them by the preceding section, every 
selectman and every member of the city council so 
neglecting or refusing, shall forfeit the sum of twenty 
dollars for each and every offence, to be recovered by 
the adjutant-general, or any other person suing there- 
for, one half to the use of the person who may sue for 
the same, the other half to the use of the State. Ibid.^ 
sec. 5. 

6. The adjutant-general shall distribute to the volun- 
teer companies whose services may be accepted by the 
commander-in-chief, such arms as are required, said 
arms to be held in trust by the town or city in which 
such companies may be organized, they giving bonds 

21 



458 THE MILITIA. 

for the same ; and the arms now in possession of towns 
and cities shall, npon order of the adjutant-general, be 
delivered to the arsenal by the selectmen of the towns, 
or the mayors of the cities, where they are held ; but 
when, in the judgment of the commander-in-chief, it 
may be expedient, the adjutant-general may deliver, 
from the arsenals^ such arms as may be in possession of 
the State, to towns or cities in which no volunteer force 
exists, the same to be held in trust by said towns or 
cities, as above. Laws of 1857, ch. 1992. 

7. All towns in the county of Coos, and also in the 
county of Grrafton, when the adjutant-general shall so 
order, shall receive arms from, and return the same to 
the arsenal at Lancaster. All other companies shall 
receive arms from, and return the same to the arsenal 
at Portsmouth. Ibid. 

8. In case . of riot, insurrection, or other sudden 
emergency, the volunteer companies of the City or 
town where military force may be required to suppress 
such riot or insurrection, or meet such other emergen- 
cy, shall first be ordered into such service : Provided, 
however, that the said duties shall be performed by the 
selectmen of towns, and the city councils of cities, 
where no volunteer force may exist. Ibid. 

9. Except in cases where regiments or companies 
may be detached, the officers shall be appointed by 
the selectmen, or the mayor and aldermen of cities, and 
the privates drafted by lot from the rolls of the select- 
men of towns or of the mayor and aldermen of cities. 
Ibid. 

10. If suitable officers or privates shall volunteer, 
their services may be accepted, and details or drafts 
made for the residue only. Ibid. 

11. Whenever any volunteer, or other company of 
militia, shall be ordered into service to suppress riot or 
insurrection, or to aid civil officers in the execution of 
the laws, or on account of any other sudden emergen- 
cy, the commanding officer thereof shall, as soon as 
may be after said company shall be discharged from 
said service, make out a list of the names of all the 
members of his company who have performed duty 
in said service; and specify against the name of such 



THE MILITIA. 459 

person the length of time he has been employed on 
said duty^ and shall certify^ under oath^ to the truth 
thereof^ and return said list, so certified, to the city 
council of the city, or the selectmen of the town where 
said service was rendered. Ibid. 

12. Yolunteer companies may be raised in each town 
or city, provided that no town or city shall be entitled 
to raise more companies than they are entitled to send 
representatives, and that no company shall consist of 
less than thirty-two rank and file. 

13. Such companies must tender their services to 
the commander-in-chief, who may accept or reject them 
at his discretion. 

14. Upon such companj^'s exhibiting to the select- 
men of any town, or the city council of any city, a cer- 
tificate that their services have been accepted, it shall 
be the duty of the selectmen or city council to make 
application to the proper authorities for arms suflftcient 
for the company, and, upon receiving them, shall fur- 
nish them to the company, upon security being given 
to said town or city for their safe return. Ibid. 

15. Every volunteer compan}^ shall be uniformed in 
the manner prescribed by the field ofiicers of the regi- 
ment to which it may be attached ; provided such uni- 
form shall not be changed without the consent of a 
majority of said company. Ibid.. 

16. Every volunteer company shall parade and drill 
annually on the third Tuesday of May in each year. 
Ibid. 

17. Any company Vv^hich shall be reduced below one 
half the number of which it should by law consist, may 
be disbanded by the field ofiicers of the regiment. 
Ibid. 

18. No enlistment of a company shall be valid until 
a certified copy of the enlistment shall be deposited 
with the clerks of the towns or cities in which they 
are organized, nor until the persons enlisting shall be 
uniformed, armed and equipped to do duty in the com- 
pany in which they enlist. Ibid. 

19. Every person, enlisting in any volunteer compa- 
ny, shall be liable to perform military duty therein five 



460 THE MILITIA. 

years^ unless he shall be discharged or shall arrive at 
the age of forty years. Ibid. 

20. Every company shall regularly consist of sixty- 
four. Ihid. 

21. Every officer, non-commissioned officer, musician 
and private, who shall fully and personally perform all 
the duties required by law, shall receive annually from 
the selectmen of the town, or the mayor and aldermen 
of the city, in which he resides, the sum of one dollar 
per day for his services : Provided, that in case he is a 
member of a volunteer company, he shall be entitled 
to draw no pay for services or active duty from any 
city or town in this State, unless the city, by a major- 
ity vote of its city council or the town by a majority 
vote at its annual town meeting, or at a meeting duly 
warned and held for the purpose, shall have approved 
of the formation of said volunteer company, either be- 
fore or after such formation ; and a certificate of such 
vote by the clerk of the city, or the town-clerk or select- 
men, from the records of the city or town, shall have 
accompanied the application to the commander-in-chief 
for the acceptance of said company, and for his order 
for the organization of the same. Ihid. 

22. No person shall be entitled to such payment un- 
less he shall present to the selectmen, or mayor and 
aldermen, satisfactory evidence, under oath, of the 
commanding officer of the company, regiment or brig- 
ade to which he belongs, that he has so performed his 
duty. Ihid. 

23. Every captain shall, annually, after the annual 
muster, if there be any, make a list of all the persons 
who have faithfully and properly performed all the du- 
ties in his company, and certify under oath that the 
said list contains the names of such persons and no oth- 
ers, and return the same to the selectmen of the towns, 
or the mayor and aldermen of the cities, in which any 
of such persons may reside. Ihid. 

24. Every captain shall, upon request, certify, under 
oath, the several times which any person who has en- 
listed or removed into any other company, shall have 
faithfully performed his duty under his orders ; and if 
the person has performed all the duties required by 



SURVEYORS, WEIGHERS AND MEASURERS. 



461 



law for the preceding year^ although said duty may 
have been performed in different companies, such per- 
son shall be entitled to receive one dollar per day for 
his services. Ibid. 



CHAPTER 67. 



OF SURVEYORS, WEIGHERS AND MEASURERS. 



1. Surveyors and cullers chosen. 

2. Duty of surveyors. 

3. Duty of cullers. 

4. Plank, how measured. 

5. Ship timber, how measured. 

6. Fees of surveyors and cullers. 

7. Penalties for fraud, &c. 

8. Penalties for neglect. 

9. Cord-wood, how measured. 

10. Measurers to be chosen. 

11. Neglect of measurer, penalty. 

12. Standard weights, &c., pro- 

vided, 

13. Sealers to be chosen. 



14. Weights and measures sealed. 

15. Measure of charcoal. 

16. Heaped measure regulated. 

17. Illegal weights, &c., penalty. 

18. Not procuring standards. 
18,&. Limitation of suits. 

19. Seal to be provided. 

20. Decimal hundred to be used. 

21. Weighers, how to weigh. 

22. Penalty for fraud. 

23. Weighers of cattle appointed. 

24. Beef cattle to be weighed. 

25. Fees of weighers. 

26. If not weighed, penalty. 



1. One or more surveyors of lumber, and cullers of 
hoops and staves, shall be chosen by the inhabitants of 
each town, at their annual meeting, who shall be skilled 
in such business, and shall hold their offices one year, 
and until others are chosen in their stead. E. S. ch. 
106, sec. 1 ; C. S. ch. 109, sec. 1. 

2. The surveyor of lumber shall survey all plank, 
boards, spars, slitwork, shingles, clapboards and timber, 
previous to the sale thereof, and shall measure the 
same, if necessary, having due consideration for drying 
and shrinking, making reasonable allowance for rots, 
knots and splits: he shall mark the sam_e anew to the 
just contents thereof, if required by the seller or pur- 
chaser, and give a certificate of the quantity and sorts, 
if required, on payment therefor. Ibid., sec. 2. 



462 SURVEYORS^ WEIGHERS AND MEASURERS. 

8. The cullers of hoops and staves shall view and 
cull all hoops^ staves and heading, previous to the ex- 
portation thereof, and shall give a certificate of the 
quantities^ on payment therefor. Ibid., sec. 3. 

4. The standard of the thickness of merchantable 
plank shall be two inches ; and when any plank of a 
different thickness shall be purchased^ it shall be ad- 
measured and calculated by that standard. Ibid., sec. 4. 

5. All round ship timber shall be measured according 
to the following rule : viz., a stick of timber, sixteen 
inches in diameter and twelve inches in length, shall 
constitute one cubic foot, and in the same ratio for any 
other size and quantity. Forty feet shall constitute one 
ton. Ibid., sec. 5. 

6. Surveyors and cullers shall receive the following 
fees : for surveying shingles and clapboards, four cents 
per thousand, to be paid by the buyer; for viewing 
and culling barrel staves, twenty-eight cents per thou- 
sand ; for hogshead staves, thirty-four cents per thou- 
sand; for pipe staves, forty cents per thousand; for 
butt staves, forty-five cents per thousand; for shooks, 
one third of a cent each ; for hoops, fifty cents per 
thousand ; and for heading, thirty-three cents per thou- 
sand ; the fees of such survey to be paid by the owner, 
and the fees paid for the survey of the merchantable, 
to be by him recovered of the buyer; for surveying 
boards, timber and other lumber, eight cents per thou- 
sand feet, for viewing only ; and eight cents additional 
per thousand feet for measuring and marking ; and in 
the same proportion in all cases for a less quantity. 
Ibid., sec. 10. 

7. If any survevor or culler shall be guilty of any 
fraud or deceit in the surveying or culling of any 
boards, staves, hoops, shooks, heading, shingles, clap- 
boards or timber, or shall connive at or allow of any 
breach of this chapter, he shall forfeit for each offence 
thirty dollars. Ibid., sec. 13. 

8. If any surveyor or culler shall unreasonably refuse 
or neglect to attend to his duties, upon tender of the 
fees therefor, he shall forfeit for each offence three 
dollars. Ibid., sec. 13. 

9. All cord-wood exposed to sale shall be either four 



SURVEYORS, WEIGHERS AND MEASURERS. 463 

feet; three feet or two feet long, inclading half the kerf; 
and; being well and closely laid together, a quantity 
measuring eight feet in length, four feet in width and 
four feet in height, shall constitute one Cord. E. S. ch, 
107, sec. 5; C. S. ch, 150, sec. 5. 

10. Measurers of wood shall be chosen by each town 
at the annual meeting, who shall be duly sworn, and 
whose duty it shall be to measure any wood, when re- 
quested, and give a certificate thereof; and for such 
measurement and certificate he shall be paid at the 
rate of four cents per cord, to be paid by the purchaser. 
Ibid., sec. 6. 

11. If any measurer, upon tender of his fees, shall 
unreasonably neglect or refuse to measure or certify 
any wood so brought to him for that purpose, or shall 
give any false certificate, he shall forfeit for each offence 
five dollars. Ihid., sec. 11. 

12. The selectmen of each town in the State shall, 
within six months from the passage of this act, pro- 
vide, at the expense of the town, if not now provided, 
one full set of scale-beams, weights and measures, 
which shall be kept and used as the standards of the 
town ; and all town standards shall, within six months, 
be tried, proved and sealed by the county sealer; and 
shall hereafter be tried and proved in the same manner 
every three years. Laios of 1848, ch. 706, sec. 2 ; C, S. 
ch. 113, sec. 4. 

13. Each town in this State, at its annual meeting, 
shall choose a sealer of weights and measures in and 
for said town, who shall be sworn to the faithful dis- 
charge of his duty, who shall hold his office for one 
year, and until some other person is chosen and quali- 
fied in his stead. R. S. ch. 110, sec. 5 ; C. S. ch. 113, 
sec. 5. 

14. Such town sealer shall try and prove all scale- 
beams, steel-yards, weights and measures which shall 
be brought to him for that purpose, and shall seal all 
such as are agreeable to the town standards, as afore- 
said. He shall be paid for trying and proving, whether 
sealed or not, two cents for each scale-beam, steel-yard, 
weight and measure, except that after the first sealing 



464 SURVEYORS, WEIGHERS AND MEASURERS. 

he shall be paid one cent only for each; so long as they 
continue just with the standard. Ihid., sec. 6. 

15. Every basket, or other measure by which char- 
coal shall be measured or sold, shall not be less in its 
average diameter than twenty inches, and of a depth 
sufficient to contain eighteen gallons, level measure, 
which shall be accounted two bushels, or one strike. 
Ibid., sec. 7. 

16. All measures by which meal, fruit and other 
things usually sold by heaped measure, excepting char- 
coal, shall be sold, shall be of the following dimensions : 
The bushel not less than eighteen inches and a half in 
diameter, inside ; the half bushel not less than thirteen 
inches and three quarters in diameter, inside; the peck 
not less than ten and three quarter inches in diameter, 
inside, and the half peck not less than nine inches in di- 
ameter, inside. Ibid., sec. 8. 

17. If any person shall sell or dispose of any goods, 
wares, merchandize, grain or other commodities by any 
scale-beam, steel-yard, weights or measures, not proved 
and sealed as aforesaid, or shall fraudulently sell or 
dispose of any commodities by any scale-beam, steel- 
yard, weights or measures, which have been sealed but 
are unjust, he shall forfeit for each offence not less than 
one dollar nor more than ten dollars, one half thereof 
to the use of the prosecutor, the other half to the use 
of the town in which such offence is committed. Ibid.y 
sec. 9. 

18. If the selectmen of any town shall neglect to 
procure a set of weights and measures for such town, 
as is herein before provided, thev shall forfeit one hun- 
dred dollars. Ibid., sec. 10. See 12 N. H. R. 255. 

18,6. No suit shall hereafter be commenced against 
the selectmen of any town in this State, for neglecting 
to procure the sets of weights and measures which by 
law they are required to procure, nor against any town 
for neglecting to erect and maintain a good and suf- 
ficient pound, which, by law, towns are required to erect 
and maintain, until the person proposing to bring such 
suit shall have given, in writing, to one or more of the 
selectmen of such town, notice of his intention to com- 
mence such suit at least twenty days prior thereto. 



SURVEYORS, WEIGHERS AND MEASURERS. 465 

And if such weights and measures shall be purchased 
in compliance with the requirements of law, and if such 
pound shall be erected and put in repair in conformity 
to law, within twenty days from said notice, then in 
neither of those cases shall such suit be sustained. 
Laws of 1848, cJi. 702 ; 0. S, ch. 113, sec. 15. 

19. The town sealer shall use such seal as the town 
may agree on, a record of which shall be previously 
made in the town records. Ibid., sec. 11. 

20. When any commodity shall be sold by the hun- 
dred weight, it shall be understood to mean the net 
weight of one hundred pounds avoirdupois ; and all 
contracts concerning goods sold by weight shall be con- 
strued accordingly. Ibid., sec. 12. 

21. Every public or town weigher of goods or com- 
modities, shall weigh the same according to the pro- 
visions of the preceding section, and make his certifr 
cate accordingly. Ibid., sec. 13. 

22. If any such weigher shall oifend against the pro- 
visions of the preceding section, he shall forfeit a sum 
not exceeding ^ve dollars, one half to the use of the 
town, the other half to the use of the prosecutor. Ibid.j 
sec. 14. 

23. The selectmen of every town where beef cattle 
are sold for the purpose of marketing or barreling, 
shall appoint one suitable person or more,- who shall be 
conveniently situated in such town, and not dealers in 
cattle, to be weighers of beef, who shall be sworn to 
the faithful discharge of the duties of said office. S. S, 
ch. 100, sec. 26 ; 0. S. ch. 104, sec. 26. 

24. All beef, sold as aforesaid, shall be weighed by 
such sworn weigher, and a certificate of the weight of 
all the beef, hide and tallow of each head of cattle, un- 
less otherwise requested by the seller, in the Form fol- 
lowing, shall be signed by such weigher, and delivered 
to the seller on payment of the fees therefor. 

jPorm of Certificate. 

This certifies that I have fairly and properly weighed 

the cattle, bought by of , from , of 

— —, this • — day of , 18 — . 

21* 



466 



TRANSIENT TRADESMEN AND PEDDLERS. 



Number of head. | | 


Beef. 1 1 . 


Hide. 1 1 


Tallow. 1 1 


Total weight. | | 



, Sworn Weigher, 

25. The weigher shall receive^ for the first six head 
of cattle weighed, seventeen cents per head; for the 
second six head weighed, twelve and a half cents per 
head; for all over twelve and under twenty head, eight 
cents per head; and for all over twenty head, five cents 
per head, which shall be paid by the buyer of such cat- 
tle ; and twelve and a half cents for each certificate, 
which shall be paid by the seller. Ibid., sec. 28. 

26. If any butcher or purchaser of beef cattle, in- 
tended for market or barreling, shall cause any such 
beef cattle to be weighed contrary to the intent of this 
chapter, he shall forfeit fifty dollars for each offence, 
to be recovered by action of debt, one half to the use 
of the prosecutor, and the other half to the use of the 
county; but nothing herein contained shall prevent 
any person from buying or selling cattle on the hoof, 
or from determining the weight of such cattle in any 
mode agreed on by the parties. Ibid,, sec. 29. 



CHAPTER 67,B. 



OF TRANSIENT TRADESMEN AND PEDDLERS. 

1. Person hiring shop less than I 2. License to be granted, 
one year, penalty. | 

1. If any person shall hire or take any store, shop, 
or residence, in any town, for a less time than one year, 
for the purpose of selling, by auction or otherwise, any 



WILD ANIMALS^ DOGS AND SHEEP. 467 

goods, wares or merchandize, without license obtained 
from the selectmen or other municipal authorities, he 
shall be punished by a fine of not less than one hundred 
or more than two hundred dollars, and every person 
taking out a license for such purpose shall pay for the 
same, for the use of the town, a sum not less than fifty 
nor more than one hundred dollars. Laws of 1858, ch, 
2081. 

2. If it shall appear to the selectmen or other munic- 
ipal authorities of any town that any person has hired 
or taken any store, shop, or residence, for the purpose 
stated in the foregoing section, with the intention of 
occupying the same for a less time than one year, they 
may, by notice in writing, require such person to take 
out a license as if he had hired or taken the same for a 
less time than one year; and if such person shall refuse 
or neglect to take out a license after such notice in 
writing, and upon complaint and trial it should appear 
that such was the intent of the person, he shall pay a 
fine as if he had hired or taken the same for a less time 
than one year. Ibid., sec. 2: 



CHAPTER 68. 



OF WILD ANIMALS, DOGS AND SHEEP. 



1. Bounty on wolves. 

2. Bounty on bears. 

3. Bounty on wildcats. 

4. Bounties paid by the State. 

5. Dogs without collars killed. 

6. By-laws for dogs made. 

7. Furred animals protected. 

8. Brand or mark of sheep. 

9. Altering mark, penalty. 



10. Taking fish, except with 

hooks, prohibited. 

1 1 . Fish not to be caught in cer- 

tain months. 

1 2. Fish wardens appointed. 

13. Possession of fish, evidence, 

when. 

14. Penalty for violating this act. 

15. Act to take effect. 



1. If any person shall kill any wolf or wolFs whelp 
within this State, and shall produce the head thereof 
to the selectmen of the town within which it was kill- 
ed, or, if there be no selectmen in such town, then to 



468 WILD ANIMALS, DOGS AND SHEEP. 

the selectmen of the nearest town having such officers, 
and shall prove to the satisfaction of such selectmen 
that such wolf or wolFs whelp was killed by himself, 
or by some person w^hose agent he is, the selectmen 
shall cut off the ears from the head so produced, and 
shall otherwise so disfigure the same that it shall never 
again be offered for a bounty, and shall pay to such 
person or his order twenty dollars for every wolf, and 
ten dollars for every wolfs whelp killed as aforesaid. 
B. S. ch. 127, sec. 1 ; C. B, ch, 133, sec. 1. 

2. If any person shall kill any bear within this State, 
and shall proceed with the same as is directed in the 
first section of this chapter, he shall receive therefor 
the sum of two dollars. Ibid., sec. 2. 

3. If any person shall kill any wild-cat known by the 
name of Siberian Ij^nx, within this State, and shall pro- 
ceed with the same in the manner directed in the first 
section of this chapter, he shall receive therefor the sum 
of one dollar. Ihid., sec. 3. 

4. The selectmen of every such town shall keep a 
true account of the mone3^S'SO paid, and the number of 
each species of animal for which bounties have been 
paid ; and upon the presentation of such account, certi- 
fied by a majority of such selectmen to be just and 
true, to the treasurer of the State, in the month of 
June, the same shall be paid from the State treasury, 
either to the representative of such town, or to the 
selectmen thereof, or their written order. Ibid., sec. 4. 

The Form of such Account may be : 
The State of New-Hampshire, to the Town of Colehrook, 

1858. JDr. 

April 1. To cash paid A. B., for bount}^ on one 

wolf, $20.00 

April 12. To cash paid C. D., for bounty on one 

Siberian lynx, 1.00 

April 12. To cash paid E. F., for bounty on one 

bear, 2.00 

April 15. To cash paid G. H., for bounty on 

three wolves' whelps, 30.00 

§53.00 



WILD ANIMALS^ DOGS AND SHEEP. 469 

We, the subscribers, selectmen of said town of Cole- 
brook, hereby certify that the foregoing account is just 
and true ; that said sums were paid by said town, as 
therein stated, and that the heads of the animals there- 
in mentioned were brought to us, and by us disfigured 
according to law, and that, in our opinion, said boun- 
ties were justly due. 

D. P. ") Selectmen 
L. R [ of 
E.M. ) ColebrooL 

5. No person shall be liable by law" for killing any 
dog which shall be found not having around his neck 
a collar of brass, tin or leather, with the name of the 
owner or owners carved or engraved thereon. Ibid., 
sec. 5. 

. 6. Any town may make by-laws for licensing, regu- 
lating or restraining dogs, as they shall deem expe- 
dient, and may affix penalties for the violation thereof, 
not exceeding ^ve dollars, and the sum to be paid for 
any license, not exceeding two dollars. Ibid., sec. 6. 

7. If any person shall, at any time between the 
thirtieth day of IVLay and the first day of I^ovember, 
in any year, by shooting, trapping or otherwise, kill or 
destroy any beaver, mink, otter or musk-rat, he shall 
forfeit for every mink or musk-rat so killed, one dollar, 
and for every beaver or otter so killed, five dollars, to 
be recovered by action of debt in the name and to the 
use of any person who will sue therefor. B. S. ch. 127, 
sec. 7; C. S. ch. 133, sec. 8. 

8. Any person may mark in the ear, or brand his 
sheep as he may think proper, and cause a description 
of such mark or brand to be recorded by the town- 
clerk of the town in which he resides, or in which his 
sheep may be kept, and the town-clerk shall be entitled 
to receive six cents for recording the same. H. S. ch. 
128, sec. 1 ; G. S. ch. 134, sec. 1. 

9. If any other person shall willfully alter, cut out 
or deface the mark or brand of any such sheep, or if 
any person, under pretense of marking the same, shall 
cut oif the ear or ears of any sheep, he shall forfeit five 



470 WILD ANIMALS, DOGS AND SHEEP. 

dollars for every such offence, to the use of any person 
who w411 sue for the same. Ihid., sec. 2. 

10. No person shall at any time take, catch, kill or 
destroy any trout, salmon-trout, pickerel, pike or mus- 
calonge, in any river, stream, pond or other waters in 
this State, in any other manner or by any other means 
than by angling with hooks and lines. 

11. ^o person shall take, catch, kill or destroy any 
trout, or salmon-trout, in any river, stream, pond or 
other waters in this State, from the tenth day of Octo- 
ber to the tenth day of I^^ovember, in each year ; or take, 
catch, kill or destroy any pickerel, pike or muscalonge 
therein from the fifteenth day of March to the fifteenth 
day of May, in each year. Laws of 1858, ch. 2127. 

12. That the selectmen or municipal authorities of 
any town may, at their discretion, or shall, when in- 
structed by the town, appoint fish wardens, whose duty 
it shall be to enforce the provisions of this act; and 
any fish warden so appointed shall be entitled to receive 
one half of any fine which may be recovered upon his 
prosecution under this act. 

13. Possession offish, during the time when the tak- 
. ing of them is prohibited by this act, shall be deemed 

^rima /aae evidence against the possessor. 

14. If any person shall violate any of the provisions 
of this act, upon complaint and conviction thereof be- 
fore any justice or police court, he shall be fined a sum 
not exceeding ten dollars, or imprisoned for a term not 
exceeding thirty days. 

15. This act shall take effect and be in force in such 
towns and cities only as shall duly adopt its provis- 
ions. 



CHAPTER 69. 



SPECIAL DUTIES OF TOWN-CLERKS. 



5,/. Returns to be filed in secre- 
tary of state's office — Sec- 
retary to furnish blank 
forms. 

5,g, Marriages to be recorded. 

5,/i. Selectmen to ascertain num- 
ber of births and deaths, 
when taking inventory. 

5,1. Penalty for neglect to give 
information. 

5,1c. Record evidence, when. 

6. Marriages, notice of, &c. 

6,a. Certificate to be given by 

town-clerk. 
6,b. Form of certificate. 
6,c. Persons married out of State 

to file certificate. 
6,d. Not to affect marriage of 

Quakers. 
6,e. Penalties, &c. 

7. Fees of town-clerks. 

8. Form of record or copy. 



1. Personal mortgages recorded. 
1,6. In unincorporated places. 
1 ,c. Where, if no clerk. 

2. Contracts, when recorded. 

3. Attachments filed. 
3,6. Town-clerk to make index of 

attachments. 
3,c. Fees of town-clerk. 

4. Transfer of shares. 

4,6. List of stockholders in corpo- 
rations to be filed with 
town-clerk. 

4,c. Town-clerk to record, and 
fees for recording. 

5. Births and deaths recorded. 
5,6. Physicians to furnish list of 

births and deaths to town- 
clerk. 
5,c. List of marriages to be return- 

5,cf. Penalty for neglect. 

5,e. Town-clerk to record facts 
respecting births, marriag- 
es and deaths. 

1. Every town-clerk shall keep a book of records for 
personal mortgages, at the expense of the town ; shall 
record therein any mortgage, transfer, consent or dis- 
charge, or give a certified copy thereof, when request- 
ed, upon payment of the fees therefor ; shall certify 
the time when the same is received and recorded, and 
keep an alphabetical index of mortgagers and mortgag- 
ees, which records and index shall be open to public 
inspection. R. S, ch. 132, sec. 12 ; C. S. ch. 138, sec. 15. 

The mortgage and the oath upon it should be record- 
ed at length, and attested under the record, thus — Sept. 
4, 1858 : Eeceived and recorded according to the orig- 
inal, and examined. 

Attest: B. M., Town-Clerk. 

A certificate of the recording should be made on the 
back of the mortgage, the Form of which may be : 



472 SPECIAL DUTIES OF TOWN-CLERKS. 

iV , September 4^ 1858. Eeceived this day, at ten 

o'clock in the forenoon, and recorded in the records of 
said town^ by me. 

E. M., Town-Clerk. 

Ip. All the provisions of the laws of this State, re- 
lating to the recording of mortgages of personal prop- 
erty in the several towns, are extended to, and shall be 
in force in all unincorporated places which are or 
shall be required to pay any public tax ; and the clerks 
of such unincorporated places are hereby required to 
record all such inortgages in the same manner as town- 
clerks are required by law to record mortgages of per- 
sonal property in the several towns in this State. Stat- 
utes of 1844, ch. 147, sec. 1 ; G. S. ch. 138, sec. 3. 

l,c. Whenever it shall be necessary to record any 
such mortgage in any unincorporated place in this 
State where no clerk is chosen, then the same may be 
recorded by the town-clerk of the town or place ad- 
joining such unincorporated place, paying the greatest 
proportion of the State tax, and it shall be the duty of 
such clerks so to record the same. Ibid., sec. 2 ; G. S. 
ch. 138, sec. 4. 

2. The town-clerk shall receive, whenever delivered, 
every copy of a contract for building or repairing any 
building or vessel, in any town in which the chapter 
relating to ^Hhe liens of mechanics and others'^ is in 
force ; shall minute thereon the time when received, 
and keep the same on file, for which he shall receive 
seventeen cents. B. S. ch. 133, sec. b; G. S. ch. 139, sec. 5. 
The contract need not be recorded, but kept on file 
only, and the '' minute'^ made thereon may be — May 
24, 1858. Beceived this day, and filed. 

E. M., Town-Clerk. 

3. Attachments of real estate, and of personal prop- 
erty in certain cases, are made by leaving with the 
town-clerk a copy of the writ. The town-clerk shall 
make a minute on such copy of the time when received, 
and file the copy away safely, as in the preceding sec- 
tion. 

3,6. It shall be the duty of the town-clerk to provide 



SPECIAL DUTIES OF TOWN-CLERKS. 



473 



and keep a general index of all attachments made^ by 
leaving a copy of the writ of attachment at his dwell- 
ing-house, in which he shall enter, at the time of re- 
ceiving the copy of the writ on which the attachment 
is made, the day of receiving the same, the court to 
which the same is returnable, and the names of the 
plaintiff and defendant in the suit, with the names of 
the defendants alphabetically arranged, which index 
shall at all times be open to public inspection. Laws 
of 1848, ch. 720, sec. 1 ; 0. 8. ch. 195, sec, 5. 

%.c. The officer making such attachment shall, at the 
time of making the same, pay to the town-clerk the 
sum of twenty cents, which shall be in full for his ser- 
vices in receiving and filing the copy, certifying the 
time of receiving the same, and entering the attach- 
ment upon said index. Laws of 1848, ch. 720, sec. 2 ; 
(7. 8. ch. 195, sec. 6. 

4. Every corporation hereafter created, whose object 
is a dividend of j)rofits, within sixty days after it shall 
be organized andreadj^to proceed to transact the busi- 
ness for which it was incorporated; and every corpo- 
ration heretofore incorporated, whose charter is subject 
to alteration, amendment or repeal, within sixty days 
from the passage of this act, (July 10, 184*6) and each 
as often as once in each year thereafter, shall cause its 
clerk to deliver to the clerk of the town in which the 
company has its principal place of business, or left at 
his dwelling-house, a list of the names and places of 
residence of all its stockholders ; certified under oath 
by its cashier, clerk, or one of its directors, to be a full 
and correct list thereof. Laws of 1846, ch. 322, sec. 1 ; 
C. 8. ch. 147, sec. 8. 

4,6. It shall be the duty of such town-clerk to record 
and keep on file such list; and any person whose name 
shall be returned on any such list by any clerk of such 
corporation, shall be taken and deemed a stockholder 
in such corporation, until his name shall be omitted or 
stricken from said list by the clerk of said corporation, 
in a subsequent list; provided, that any stockholder, in 
any such corporation, who shall sell and assign all his 
stock in the same, may immediately notify such town- 
clerk, in writing, of the time when he sold and assigned 



474 SPECIAL DUTIES OF TOWN-CLERKS. 

such stock, and the names and j)laces of residence of 
the persons to whom he sold ; and in all such cases the 
stockholder so selling his stock shall be exonerated from 
all debts and liabilities of said corporation contracted 
after such sale and notice ; and the persons purchasing 
such stock shall be liable for such debts and liabilities, 
contracted after such purchase and notice, in the same 
way and manner as the person selling such stock would 
have been if he had not sold. Laws of 1846, ch. 322, 
sec. 2 ; C. 8. ch. 147, sec. 9. 

4,(?. The record made as aforesaid of any such list or 
notice, or a copy thereof, certified by the town-clerk, 
may be used as prima facie evidence in any action 
brought by the creditors of any such company against 
its stockholders, agreeably to the provisions of this act. 
(See sees. 8, 9, 10, 11 and 12, of ch. 147, C. 8.) And the 
said town-clerk shall be paid for recording such list 
and notices, by the person or corporation directing the 
same to be done, such fees as he is entitled to for re- 
cording mortgages of personal property. Laws of 1846; 
ch. 322, sec. 3 ; C. 8. ch. 147, sec. 10. 

The duties of the town-clerk in this ease are similar 
to his daties in the case of personal mortgages. 

He should record the transfer and attest it, stating 
the time when he received, and keep the original on 
file. It would be convenient, also, to keep an index 
of the persons by whom and to whom shares are trans- 
ferred. 

5. The town-clerk of every town and the city clerk 
of QY^rj city in this State, shall record every birth, 
marriage and death in his respective town or city, that 
shall come to his knowledge, in the manner hereinafter 
prescribed, stating the names of the parents of the chil- 
dren born, and the residence of the persons married and 
deceased, and the age of the deceased, if known ; for 
which service said clerk shall receive the sum of six 
cents for the record of each birth, marriage or death 
by him recorded, to be paid by the town or city where 
the record is made. Laws of 1851, ch. 1103 ; C. 8. ch. 
132, sec. 1. 

b,h. Every physician shall keep a record of the sev- 
eral births in which he shall assist professionally; also 



SPECIAL DUTIES OF TOWN-CLERKS. 475 

the death of all persons upon whom he shall hereafter 
attend in their last sickness and at the time of such 
death; which record shall contain the date of such 
birth^ the sex of the child^ and the names and residence 
of the parents; also^ the date of such death, the name, 
age and residence of the deceased, and shall annually 
hereafter, in the month of April, furnish a copy of the 
record of such births to the clerk of the town in which 
the parents of such child reside ; and also to the clerk 
of the town in which such death occurred, a copy of 
the record of such death or deaths ; and in case there 
shall have been no attending physician as aforesaid^ 
every parent, person next of kin, householder, and 
keeper of any alms-house, poor-farm or prison, shall 
give notice to such clerk of every birth, with the names 
of the parents, and death, with the name, age and resi- 
dence of the deceased, which shall- take place in their 
respective families or houses in each town or city ; and 
for each birth or death so rendered, every physician 
shall receive of the clerk to whom such copy may be 
furnished, the sum of five cents, to be paid by the town 
or city where such clerk resides. lUd.^ sec, 2. 

5,c. Every justice, minister, or clerk of the people call- 
ed Friends, shall annually return to the clerk of the 
town or city where such marriage was solemnized, and 
to the clerk of the town or city where each of the per- 
sons so joined in marriage may reside, if within this 
State, a certified copy of his record. Ihid.j sec. 3. 

bjd. If any person, whose duty it is to make such 
record and return, shall neglect so to do for the space 
of one year after the date of such birth, marriage or 
death, he shall forfeit five dollars for such offence, to be 
recovered in an action of debt, one half for the use of 
the prosecutor, and the other half for the use of the 
county in which the defendant may reside. lUd.^ sec. 3. 

b.e. The town-clerk of everj^- town, and the city-clerk 
of every city in this State, shall, annually, in the month 
of May, obtain, and chronologically record, as required 
by the forms prescribed in the third section of this 
chapter, the facts respecting births, marriages and 
deaths, occurring in their respective towns and cities, 
and shall, on or before the second Monday of May, 



476 SPECIAL DUTIES OP TOWN-CLERKS. 

make duly certified returns thereof to the secretary of 
State^ for each year ending with the last day of March, 
accomj^anying the same w^ith a list of such persons as 
are required by law to make returns to him, who have 
neglected to do so. Laws of 1858, ch. 2072, sec, 1. 

5,/. It shall be the duty of the secretary of State to 
receive the returns made in pursuance of this act, and 
carefully file and preserve them in his ofiice. He shall 
also furnish blank forms to carry out the provisions of 
this chapter, to clergymen and others authorized to mar- 
ry; to physicians, selectmen, town-clerks and clerks of 
the society of Friends, substantially after the following 
forms : viz., The record of the hirth shall state the date 
and place of hirth, name and sex of the child, whether 
living or still-born; the name and surname, color, oc- 
cupation, residence and birth-place of the parents. 
The record of a marriage shall state the date and place 
of the mxarriage, the name, residence and official station 
of the persons by w^honl married, the names and sur- 
names of the parties, age, color, occupation and resi- 
dence of each, condition, (whether single or widowed) 
what marriage, if first, second or other marriage, the 
occupation, hirth-place and name of their parents. The 
record of deaths shall state the date of death, name 
and surname of the deceased, the sex, color and condi- 
tion, (single or married) age, occupation, place of death, 
place of birth, names and hirth-place of parents, and 
the disease or cause of death. Tbid., sec. 2. 

5,^. Every person authorized hy law to unite persons 
in marriage, shall make a record of each marriage 
solemnized before him, in manner and form befpre pre- 
scribed, and annually, in the month of April, deliver to 
the clerk of the town or city in which such rite was 
performed, a copy of such record for the year ending 
on the last day of March. Ihid., sec. 3. 

5,7i. It shall be the duty of the selectmen and assess- 
ors of the several towns and cities of the State, annu- 
ally, Yv^hile taking the inventor}^ in the month of April, 
to ascertain, by inquiry of each family or household in 
their respective towns and cities, and from the certifi- 
cates of physicians furnished them, as is hereinafter 



SPECIAL DUTIES OF TOWN-CLERKS. 477 

provided^ and record, upon blanks supplied for that 
purpose, the statistics of births and deaths required in 
the third section of this chapter, and they shall deliver 
such records annually, on or before the last day of April, 
to the clerks of their respective towns and cities. 
Every physician, attending in the last sickness at 
the time of death of any person dying in this State, 
shall make a record of such death, specifying the 
name of the deceased; the date of the death, and the 
disease or cause of death, and annually, before the fif- 
teenth day of April, each year, shall deliver a copy of 
such record to the selectmen of the town in which such 
death occurred. Ihid., sec. 4. 

b,i. If any person shall willfully neglect or refuse to 
perform any of the duties imposed on or required of 
him, by the provisions of this chapter, he shall, at the 
discretion of the court trying the cause, on conviction 
thereof, be fined not exceeding twenty dollars for each 
oifence; one half thereof for the use of the town in 
which such ofience shall occur, the other half to the 
use of the person who shall complain of the same. 
Ihid.y sec. 5. 

5,^. The record of the town-clerk of any birth, mar- 
riage or death, or a duly certified copy thereof, shall 
be hereafter admitted in any court in this State SiS prima 
facie proof of such birth, marriage or death. Ibid. 

6. All persons residing in this State, proposing to be 
joined in marriage, shall, before their marriage, cause 
notice of their intention, with the names, residences 
and ages of the parties, to be entered in the office of 
the town-clerk of the town in which they may respect- 
ively dwell ; and if there be no such tow^n-clerk in the 
place of their residence, the like entry shall be made 
with the clerk of any adjoining town ; and the town- 
clerk shall record such notice in a book to be kept for 
that purpose. 

6,a. Such town-clerk shall deliver to the parties a 
certificate, under his hand, specifying the time when 
notice of the intention of marriage was entered with 
him; which certificate shall be delivered to the minis- 
ter or magistrate who is to marry said parties, before 
he shall proceed to solemnize the marriage; and the 



478 SPECIAL DUTIES OF TOWN-CLERKS. 

fee of the town-clerk for making the record of such 
notice, and issuing his certificate as aforesaid; shall be 
fifty cents, to be paid by the said parties. Laws of 
1854, ch, 1518. 

The Form of such Certificate may be : 
Q,h. City of Manchester. I hereby certify that a no- 
tice of an intention of marriage between Mr. , of 

, and Miss , of , has been this day enter- 
ed in the ofiice of the city-clerk of the city of Manches- 
ter^ N. H., as required by law. 

Attest : , City Clerk. 

Manchester, K H., , A. D. 18 — . 

6,c. Whenever a party or parties living in this State 
shall go out of it for the purpose of being married in 
another State, and a marriage shall be so solemnized, 
and they shall return to this State to reside, they are 
hereby required to file a certificate or declaration of 
their marriage, including the facts required to be stated 
in the notice aforementioned, with the town-clerk of 
the town w^here either of them lived prior to their 
marriage, within seven days after their return, under a 
penalty of ten dollars, to be recovered for the use of 
any person who will sue for the same. Laws of 1854, 
cJi. 1518, sec. 3. 

%^d. Nothing contained in this act shall afi'ect the 
right of the people called Friends, or Quakers, to 
solemnize marriages in the way usually practiced 
among them, but all marriages so solemnized shall be 
valid. Laivs of 1854, ch. 1518, sec. 4. 

6,^. If any minister or justice of the peace shall join 
any persons in marriage without having first received 
a certificate of the town-clerk, as hereinbefore provided, 
he shall forfeit for each oifence, sixty dollars, to the use 
of the parent, master or guardian of either of the par- 
ties who shall first sue therefor. LaiDS of 1854, ch. 1518. 

A copy of the record of the marriage, from the 
town-clerk^s office, duly certified, with proof of the 
identity of the party, is competent evidence. 9 N. H. 
R. 515. 

7. For the fees of town-clerks, see page 26. 

The town-clerk shall make out a statement of the 



TOWNS LIABLE FOR DAMAGES BY MOBS. 479 

items of his fees^ and receipt it^ on demand. If he re- 
fuses to give such statement, he forfeits twenty dollars, 
to the use of the town ; and if he takes illegal fees, he 
forfeits fifty dollars to the use of the county. B. 8. ch. 
229, sees. 3, 17, 18, 27 ; G. S. eh. 245. 

If the town-clerk makes any false record or copy of 
a record, he is liable to be punished by confinement in 
the State prison. E. S. eh. 217, sec 18 ; C. S. eh. 231, 
sec. 18. 

8. If the town-clerk (or any clerk) is recording the 
proceedings of any meeting, he should write it out in 
full, stating all the motions and votes, and always sign 
his name at the bottom, thus : Attest : B. M., Town- 
Clerk. A record which is not signed by the clerk is 
not evidence. 

The proper mode of recording a paper is to copy the 
paper in full, including all names and dates, and 'if 
there is a seal upon it to make a mark for it in the 
corresponding place in the record, thus : (JO. S.) At 

the end he should add in all cases, , 1858. Eeceived 

and recorded according to the original, and examined. 
Attest: E.M., Town-Clerk. 

If he wishes to make a copy of a record, lie should 
copy the paper in full, and also the words above, includ- 
ing : ^^ Attest: E. M., Town-Clerk/' and add at the bot- 
tom of all, 

A true copy of record. Attest : B. M., Town-Clerk. 



CHAPTER 70. 



TOWNS LIABLE TOR DAMAGES BY MOBS. 



1. Towns liable for property de- 

stroyed by mobs. 

2. Not liable for willful destruc- 

tion by owner of property. 



3. Selectmen may call out mili- 

tia. 

4. Towns may recover amount 

paid from rioters. 



480 TOWNS LIABLE FOR DAMAGES BY MOBS. 

1. Whenever persons unlawfully, riotously and tumul- 
tuously assembled, shall injure or destroy any prop- 
erty, real or personal, the city or town within the 
limits of which such property may be situated, shall 
be liable to idemnify the owner thereof for the prop- 
erty so injured or destroyed, to be recovered in an 
action on the case. Laws of 1854, ch. 1519, sec. 1. 

2. No person or persons shall be entitled to the ben- 
efits of this act, if it shall appear that the destruction 
of his or their property was caused by his or their ille- 
gal or improper conduct, nor unless it be made to 
appear that he or they, upon the knowledge had of 
the intention or attempt to destroy his or their prop- 
erty, or to collect a mob for such purpose, and sufficient 
time intervening, gave notice thereof to the mayor of 
the city, selectmen of the town, or a justice of the peace 
of the city or town in which such property may be 
situated. lUd., sec. 2. 

3. The mayor of any city, and the selectmen of any 
town shall be authorized, at the expense of said city, 
and town, to call out sufficient military force to sup- 
press or prevent any mob or riot that may threaten or 
happen Within the limits of said city or town. Ibid., 
sec, 3. 

4. Any city or town which shall pay any sum of 
money under the provisions of the first section, may 
recover the same in an action on the case against any 
one, or against two or more jointly, who shall have 
so injured or destroyed such property. Laws of 1854, 
ch. 1519, sec. 4. 



ODEX. 



Page. 
Abatement of Taxes ^ 120 

of taxes, poverty good 

cause for, 120 

if watering trough main- 
tained, 208 
Absence, temporary, 51,52 
Absentees from School, act re- 
lating to, 275 
Acceptance of Office^ when de- 
clared, 34 
Account of Taxes, and sale for, 123 
form of, 126 
of sale of real estate for 
taxes, 136 
Account, pauper, form, 319 
evidence to support, 320 
Action for neglect to build 

pound, 436 

notice to be given, 436 

for damages for floating 

timber, 443 

for injury to highway or 
bridge, 197 

Actions, for support of pau- 
pers, 300,301,303 
Adjourn mentof Toum Meetings, 23 
Admission as Inhabitant, settle- 
ment by, 290 
Adulteration of liquors pro- 
hibited, 390 
Advertisement of Personal 

Proper^?/, for taxes, 123 

form of, 125 

of real for taxes, 125 

form of, 127 

of non-resident land, 130,137 
form of, 134 

evidence of, filed and re- 
corded, 131 
22 



Page. 

Affirm, who may, 37 

Affirmation, included in oath, 37 
form of, 37 

Agents of Corporations, to give 

account of shares, 93,105 
Agents of Corporations, to give 
account of corporate 
property, 1 05 

of town, 26,32 

for highways, 191 

for perambulation, 38,41 

form, 40 

for vaccination, 391 

Agent for sale of liquor, 379 

Agreement as to paupers by 

selectmen, 305 

Agreements of Attorneys, when 

binding, 305 

of selectmen, when bind- 
ing, 27 
between selectmen and 

collector, 27 

form, 29 

Aliens, not voters, 50 

who are not, 50,54 

penalty for voting, 60,63 

are taxable, 102 

are ratable polls, when, 

63,74,78 
Animals, how taxed, 92,96 

where taxed, 96 

wild, bounties on, 467 

furred, penalty for killing, 469 
impounding of, 427 

Annual Meeting, meaning of in 

Revised Statutes, 2 

how warned and holden, 12 

how governed, 21 

Answers, false by voters, 60 



482 



INDEX. 



Appeal, on conviction in po- 
lice cases, 367 
of disorderly persons, on 
conviction, 370 
Application foi' Town Meeting, 

how signed, 13,14 

to selectmen, form, 18 

to justice, form, 18,20 

Application, for district meet- 
ing to prud. com., form, 233 
for district meeting to se- 
lectmen, form, 233 
to fill vacancy in district 

offices, form, 235 

to set off school districts, 

form, 214 

for appraisal of district 

property, form, 214 

for appraisal of, order of, 

notice on, form, 214 

for appraisal of, return of, 

notice on, form, 21 6 

for relief of paupers, by 
whom, 302 

Appointment of Town Officers^ 

and form, 27,28 

of district officers, form, 23.5 
of committee to locate 

school-house, form, 244 
of superintending school 

committee, 255 

of collector by majority, 
valid, 27 

Appraisal, of taxable property, 108 
selectmen to make, 108 

of several interests, sepa- 
rate, 108 
deduction in case of in- 
sane, 109 
of shares, how made, 109 
of district property and 

form, 216 

of strays and lost goods, 446 
of damage by logs, 442 

of damage by cattle, 432 

of cattle impounded, 433 
Apprentices, paupers bound as, 

299,316 
Approval of Police Regulations ^ 
form, 374 



Page. 
Aqueduct Co. may lay pipes 

in highway, 203 

Arrest, voters not liable to, 83 
by police officers, 373 

by watchmen, 375 

for taxes, 123,124 

certificate left with jailer, 

form, 127 

by collector, not justified, 

when, 115 

made when, 123,124 

Article in Warranty to raise 

money, 7 

Assessment of Taxes, how 

made, 110,116 

what taxes assessed. 111 

five per cent, added. 111 

several taxes in one, 111 

record of made. 111 

taxes on loan fund asso- 
ciations, 107 
Assessment of Taxes, list deliv- 
ered collector, 1 1 1 
in- part illegal, all void, 143 
for roads not in a town, 188 
for schools, 250 
for school-houses, 242 
of damages by floating 
timber, 442 
Assessors, how chosen, duties 

and powers, 25 

with selectmen, joint 

board, 110 

should sign invoice and 

tax-list, 1 1 4 

of unincorporated places, 5 
Assaulting Town Officer, pen- 
alty, 61 
Asylum for Insane. See In- 
sane. 
Attachment, of real estate, 

how made, 472 

index of to be kept, 472 

fees paid town-clerk, 472 



Ballot, what officers elected 

by, 24,25 

record must show elec- 
tion by, 25,26 

election by, 25 



INDEX. 



483 



Page. 

Ballot, not necessary, when, 26 
box, destruction of, pen- 
alty, 61 

Ballots, written or printed, 58 

blank, not counted, 58 

to whom delivered, 58 

moderator's duty as to, 58 
for how many offices to- 
gether, 58 
who assist in counting, 59 
results of, how determined, 59 
how long received, 59 

Ballot-Boxes^ to be provided, 57 

Ball-Playing, in streets, how 

punished, 363 

Bank Tax, to Literary Fund, ; 252 

Banks^ surplus capital of, how 

taxed, 91 

where taxed, 92 

cashiers of, to notify as- 
sessors, 106 
penalty for neglect, 107 

Banks, Savings, duties of 

treasurer of, 107 

penalty for neglect, 107 

Bastards, mother entitled to 

custody of, 330 

settlement of, 288 

Bastardy, complaint for, pro- 
ceedings on, 321,330 

Bastardy, complaint by wo- 
man, form, 321 
warrant on, form, 321 
return on, form, 322 
bonds, required, 323 
form, 324 
examination, form, 323 
mittimus, form, 325 
proceedings on, at court, 326 
woman a witness, when, 326 
order of maintenance, 326 
towns may prosecute, 327 
by selectmen, form, 327 
costs on, 327,328 
respondent discharged, 328 
warrant on escape, 329 
not barred, when, 329 

Bathing, in exposed places, 

how punished, 364 

Bears, bounty on, 468 

Beavers, penalty for killing, 469 



Page. 

jBee/, weighing and weighers of,465 
Begging, punished, 369 

Betting on Elections, penalty, 82 
Betting on Games, penalty, 399 
Binding out of Paupers, 299,300 
Birth, settlements not gained 

by, 294 

Births, to be recorded, 476 

facts respecting to be re- 
corded, 476 
returns of, how made, 476 
selectmen to ascertain 
number of, 477 
Blanks, for returns, to be fur- 
nished, 82 
for inventories, 141 
how and to whom sent, 82 
Board, how understood, 25,32 
Board of Education^ to make 

report, 283 

how constituted, 281 

powers and duties of, 281 
report of to be printed, 283 
how distributed, 283 

established, 282 

Boards, survey of, 461 

Bonds, constables to give, col- 
lectors to give, and 
when, 27,147 

of collectors, how ap- 
proved, 29 
deputies of collectors to 

give, 27 

treasurers to give, 28 

official, requisites of, 29 

form, 29 

approval by town, form, 29 
by selectmen, form, 29 

in bastardy case, when 
required, 323 

Bonds, in bastardy case, form, 323 
for expenses at Asylum, 
form, 345 

Books, for schools, how pre- 
scribed, 259 
superintending commit- 
tee to furnish, 259 
mayor and aldermen of 
cities to furnish, 259 
Boundaries on ponds and 

lakes, 39 



484 



INDEX. 



Boundaries, removal of, 42 

penalty for removing, 42 

of school districts estab- 
lished, 210 

Bounties, on wild animals, 467 
account of, form, 468 

Bowling Alleys, penalty for 

keeping, 398 

deemed nuisances, 390 

act adopted, where, 390 

Brawls, how punished, 363 

Brideivell, what legal, 366 

Bridges, how taxed, 101 

penalties for injuring, 204 
by-laws relative to, 204 

by-laws, notice of, 204 

damages from defect, 192 
covered, to be covered 

With snow, ^ 204 

penalty for neglect, 204 

act to take effect, when, 204 
action for injury to, 1 97 

Buildings, how taxed, 91,98 

powers of firewards, as 
to, 352,355 

Burial of Paupers, 300 

Business of Town Meeting, in- 
serted in warrant, 5 

By-Laws, as to town affairs, 5 
as to bridges, 204 

as to horses, &c., 5 

as to poor-farm, 299,316 

as to house of correction, 368 
as to dogs, 469 

as to fires, 5,350,359 

as to police, 374 

remain in force until al- 
tered, 5 



Carriages, how taxed, 92 

Cashiers to give account of 

corporate property, 105 
to give accotint of shares, 1 05 
to notify assessors, 105 

penalty for neglect, 105 

Cattle, impounding of, 427 

impounding of, notice to 

be given, 428 

impounded, how released, 

433-6 



Page. 
Cattle, appraisal of damages, 432 
forms relating to, 428, &c. 
appraisal of, 432 

to be fed, 438 

fees for sustenance of, 438 
may be retaken, 437 

by-laws relating to, 5 

taxation of, 92,96 

Cei^tificates, false of town-clerk, 82 
of taxes to town-treasurer, 1 1 2 
to be produced by teach- 
ers, 258,259 
in united districts, 259 
of qualification of teacher, 

form, 264 

of character of teacher, 

form, 264 

Certified Copy, what is, 228 

Charcoal, measure for, 464 

Check-List, how made, lodged. 

and posted, 57 

by whom corrected, &c., 57 
powers and duties of se- 
lectmen as to, 56,57 
open for exaniination, 57 
accidental omissions on, 57 
to be at meeting, 57 
ratable polls to be entered on,95 
penalties for misconduct 

as to, 60 

form of, 61 

in classed towrns, 75,76 

names not erased without 

notice, 62 

fraud as to, indictable, 63 
naturalized citizens, names 

to be put on, 54,57 

negroes to be put on, 55 

destruction of, penalty, 61 
used in school districts, 

when, 229 

how prepared, 229 

act adopted, when, 230 

application for, form, 230 
Children, unschooled, not em- 
ployed, 261 
penalty for employing, 261 
legitimate, settlement of, 286 
illegitimate, settlement of, 288 
pauper set to work or 
bound out, 299 



INDEX. 



485 



Page. 
Children to maintain parents, 300 

See Minors. 
Cities^ police regulations ap- 
ply to compact part of 
only, 365 

mayor and aldermen of, 
may offer rewards for 
criminals, 367 

selection of jurors in, 456 
Citizens f Africans are, 55 

naturalized, proceedings 
relating to, 55 

Clapboards^ survey of, 461 

Classed Towns, 74-80 

Clerk of Town, see Town- Clerk. 
Clei'h of School District, choice, 

duties, &c., 226 

vacancy, how filled, 228 

certificate of return of 

warrant, form, 231 

application to appoint, 

form, 235 

appointment, form, 235 

to record dismission of 

prudential committee, 238 
to certify votes to raise 

money, 227 

form of certificate, 239 

not liable for certifying, 239 
Clerk of Market, how chosen, 25 
Clerk of Village Precinct, pow- 
ers and duties of, 361 
Collectors of Taxes, how chosen, 25 
to give bonds, 27 
compensation of, 27 
may appoint deputies, 27,142 
powers of deputies, 27 
no person compelled to 

serve, 33 

must be sworn, 34,147 

penalty for neglects, 34 

powers and duties, 122 

to give notice of tax, 122 
form of notice, 122 

may distrain, 122 

property exempt from 

distress, 123 

proceedings on distress, 123 
appointed by majority, 27 
bond of, approved by ma- 
jority, 29 
22* 



Page* 

Collectors of Taxes can not 

justify arrest, when, 115 
no power to sell more 

than enough to pay tax, 123 
protected, if warrant for 

meeting is wrong, 142 

not responsible if list is 

not signed, 142 

not bound to search for 

property, 123 

may arrest or distrain, 

123,124 

if no goods, 124 

if tax-payer 

removes, 124 

to deliver an account, 123 

X^Y take the body, 123,146 

proceedings on arrest, 124 

appointment of, must be 

in writing, and record- 
ed, 27 
warrant of must be signed 

and sealed, 111,114 

list delivered to, must be 

signed, 1 14 

receiving tax, liability of, 

132,148 
when he may distrain or 

arrest, 123,146 

fees on distress or arrest, 124 
may distrain corporate 

property, 124 

may distrain franchises, 124 
may sell real estate, 124 

proceedings on such sale, 125 
notice of taxes prescribed 

by town, 125 

form of advertisement of 

sale on distress, 125 

form of account of sale 

and taxes, 126 

to keep record of notice 

and sale, 126 

may sell again, if first 

sale fails, 127 

form of certificate of com- 
mitment, 127 
form of advertisement of 

real estate, 127 

form of affidavit of notice 

of sale, 128 



486 



INDEX. 



Page. 
Collectors of Taxes^ fees on 

sale of real estate, 125 

proceedings on sale of 

real estate, 125 

form of deed, 133 

deed, when to be made, 138 
description of property 

in deed, 138 

duties as to non-resident 

taxes, 129,130 

cautions to, 139 

liability of, 32,132,142,146,149 
appointed by selectmen, 27 
form of appointment, 28 

warrant evidence of ap- 
pointment, 145 
must file bond in six days, 147 
may resign, when, 147 
extents against, 140,150 
Columns in Invoice^ how many, 

108,109 
Commissioners of Common Schools, 
how appointed, &c., 280 

returns to be made to, 281 
penalty for neglect, 281 

duties of, 281 

powers and duties of, 281 
to constitute board of ed- 
ucation, 281 
to visit schools, 282 
to make addresses, 282 
money paid to, 283 
to report to governor, 282 
to report to legislature, 282 
money for, how appro- 
priated, 282 
to pay over money, 282 
services to begin, when, 282 
compose board of educa- 
tion, 284 
Committee to build school- 
houses, powers of, 246 
powers limited by vote 
of district, 241 
Common Field Fences, how 

maintained, 425 

Compensation in contested 

elections, 89 

Complaint for Bastardy ^ form, 321 

by selectmen, 327 



Page. 
Complaint for Bastardy not 

barred, when, 329 

for appointment of guar- 
dian, form, 332 
for ill treatment of mi- 
nors, form, 341 
for police offences, form, 396 
Congress, members of, how 

elected, 66,67 

return of votes for, 67 

meetings for choice of, 
when holden, 66 

See Representatives, 
Congressional Districts, 66 

Constable to warn town meet- 
ing, when, 13 
to make return and form, 

13-16 
to obey orders of mode- 
rator, 23 
may require assistance, 23,398 
how chosen, 25 
to give bonds, 27 
notify town officers to be 

sworn, 35 

penalty for neglect, 35 

return of precept, form, 36 
punishment for resisting, 398 
fees, 399 

Construction of Statutes, 1 

Contagious Diseases, 387, &c. 

Contested Elections, proceed- 
ings in, 88 
notice to be served, 88 
time of notice, 88 
testimony to be taken, 88 
mode of taking testimony, 88 
witnesses required to at- 
tend, 88 
false swearing in, penalty, 88 
depositions, how returned, 89 
time when hearing had, 89 
compensation not allow- 
ed, 89 
Cckitracts of Tovms valid for 

legal purposes only, 9 

can not be rescinded, 9 

Contracts of Towns, relating to 

paupers, to be in writing, 299 

by spendthrifts, invalid, 

when 336 



INDEX. 



487 



CGntrihution, one levied on for 

town debt may have, 46 
in case of extent, 151 

Copies of Records^ how attested, 30 
penalty for refusing, 30 

of non-resident tax-list, 130 
Cord Wood, how measured, 463 
Corporate Property, how tax- 
ed, 95,101 
how sold for taxes, 124 
Corporations taxed for others, 

to have lien, 100 

may convey real estate 

by agent, 7 

stock in, out of State, 

how taxed, 92,96 

where taxed, 96 

not to be twice taxed, 96 

to file list of stockholders 

with town-clerk, 401 

Correction, houses of, 368 

Costs of laying out highways, 

by whom paid, 173 

in bastardy cases, 328 

in prosecution for fines, 395 

Cotenants, repairs of mills by, 408 

Costs of perambulation by court, 39 

before fence viewers, by 

whom paid, 421 

Councillors, choice of, 64 

County to pay special police, 

when, 372 

County Commissioners to de- 
termine interest in meet- 
ing-houses when sold, 10 
See Road Commissioners. 
removed, how, 171 

vacancy, hov/ filled, 171 

if interested, proceed- 
ings, 171 
duties of, relating to in- 
sane, 337 
County Officers, election of, 71 
return of votes for, 72 
who are eligible, 7 1 
County Tax, how collected, 139 
proved by records of 
convention, 145 
County Paupers, who are, 316 
courts may bind out, 316 



Page. 
County Paupers, may provide 

poor-houses for, 316 

settlement of, 316 

Court, how construed, 2 

of Common Pleas, per- 
ambulation by, 39 
may abate taxes, 120 
Cows, how taxed, 92,96 
CV'mma/s, rewards for, 367 
Crossings, railroad, how secur- 
ed, 206 
Cullers of Staves, how chosen, 26 
powers and duties, 462 
fees and penalties, 462 

D 

Damage, by defect of high- 
ways, 192 
Damage, towns liable, how far, 

192,193 
burden of proof, 194 

surveyors liable, 193 

from snow on highways, 194 
precautions to be observed, 

194 
by cattle, see Impounding, 427 
by floating timber, 440-3 

by reason of defect of 
fences, 423 

Damages, by new highways, 159 
petition for increase of, 159 
if owner unknown, 157,159 
how recovered, 174 

when payable, 174 

by whom paid, 175 

when by county, 175,176 

petition for allowance by 

county, form, 175 

paid, not recovered back, 176 
by discontinuance of road, 177 
persons injuring high- 
ways liable for, ■ 196 
on laying out railroads, 

how assessed, 168 

award of, need not direct 

by whom to be paid, 170 
liability of surveyors for, 193 
Deaths, to be recorded, 476 

facts respecting, to be re- 
corded, 476 
returns to be filed, 476 



488 



INDEX. 



Deaths^ selectmen to ascertain, 477 
Deed^ collectors', form of, 133 
when to be made, 138 

Depositions in contested elec- 
tions, 88 
Deputies of Collectors of Taxes, 
when appointed, 27 
their powers and duties, 27 
Discontinuance of Highways, 

dower of town, 177 

form of warrant and vote 

for, 176 

consent of court, when 

necessary, 177 

damages on, when allow- 
ed, 177 
effect of, 177 
must be absolute, 177 
second vote for, when nec- 
essary, 178 
Discount from Taxes, how 

made, 120 

notice of, form, 120 

Dismissal of teachers, 256 

Dismission of Prudential Com- 
mittee, form, 237 
of teacher, form, 263 
Disorder in Town Meeting, how 

restrained, 23 

Disorderly persons in, removed 

and confined, 23 

behavior in, how pun- 
ished, 23 
Disorderly conduct, how pun- 
ished, 363 
persons, who deemed, 369 
proceedings against, 370 
may appeal, 370 
may be arrested, 370 
Distress for Taxes, proceed- 
ings on, 123 
property exempt from, 123 
collector to sell to pay tax, 
and no more, 123 
District School, see School Dis- 
tricts. 
Disturbing School, penalty for, 257 
Division of scholars, when fifty 

or more, 257 

of town, effect on paupers, 292 



Page. 
Dogs, without collars, may be 

killed, 469 

by-laws regulating, may 

be made, 469 

Doomage, in what cases, 104,144 

differs from fourfold tax, 144 

Double Voting, penalty for, 60 

Dramatic Representations to be 

licensed, 393 

license paid for in ad- 
vance, 393 
Driving, careless, in streets, 

how punished, 365 

Drunkards, see Spendthrifts, 334 
common, how punished, 369 
Drunkenness in Streets, how 

punished, 365 

Dwelling-Place,Yf\iQX constitutes, 52 

E 

Education, board of, establish- 
ed, 282 
Electors of President, choice of, 64 
Election of ofificers by major- 
ity, 25,26 
when need not be by ma- 
jority, 26 
foreigners, when to vote 

at, 54 
of representatives contest- 
ed, 88 
Elections, how conducted, 56 
results of, how determin- 
ed, 59 
penalty for misconduct, 61 
of governor, &c., 64 
of members of congress, 66 
second, &c., choice, 67 
in case of vacancy, 68 
of electors of president, 69 
of county officers, 71 
of representatives, 74 
in classed towns, 75 
bets on, illegal, how pun- 
ished, 82 
records of, form, 83 
of town officers, 24 
see Voters, 50 
Emancipation of Children, 288 
Encumbering streets, how pun- 
ished, 364 



INDEX. 



489 



Engineers y appointment, pow- 
ers and duties of, 358,359 
compensation of, 358 

badge of office of, 359 

of village precincts, elec- 
tion of, 361 
to appoint hook and lad- 
der men, 362 
powers and duties rela- 
tive to hook and ladder 
companies, 361 
to make regulations re- 
specting gunpowder, 384 
Engine Men, appointment df, 351 
duties of, 344 
to be paid, 356 
Engine Companies, officers to 

return list of members, 356 
members of, to be paid, 356 
Engines, Fire^ to be kept in 

order, 356 

Estate, Real, how taxed, 98 

personal, how taxed, 98 

Exceptions to qualifications of 

fence-viewers, 422 

Executions against School Dis- 
tricts, proceedings on, 213 
against towns, proceed- 
ings on, 46 
Exhibitions, to be licensed, 393 
form of license, 394 
Extents, for State and county 

taxes, 140 

for surplus revenue, 140 

who may issue, 148 

against towns, 149 

against selectmen, 149 

against collectors, 149 

not to be issued, when, 149 
deemed executions, 150 

how levied, 150 

property, how sold OU;, 150 
requisites of, 150- 

alias may be issued, 150 

persons levied on to have 

contribution, 151 

towns levied on, remedy, 151 
selectmen levied on, rem- 
edy, 151 
selectmen to indemnify 
collector, when, " 151 



Page. 

Extents, town treasurers', form, 151 

selectmen's, form, 151 

indemnity against, form, 153 

notice to State treasurer 

of, form, 150 

issued against railroads, 
when, 94 



Factories, children not to be 

employed in, 261 

penalty for employing, 261 
i^a/sei?ecorc?s, punishment for,31, 82 
False Swearing in contested 

elections, penalty, 88 

Fees of collectors for distress 

and arrest, 124 

of collectors, for sale of 

real estate, 124,134 

of collectors to be appor- 
tioned, 134 
of collectors, penalty for 

extorting, 134 

of constables, 399 

of fenSe-viewers, 421 

of justices, 399 

of pound-keeper, 438 

of persons impounding, 438 
of surveyors of lumber, 461 
of town-clerks, 31 

receipt given for, when, 400 
penalty for neglect, 400 

Fences, liability for repairs, 409 
division of, how made, 409 
agreement for division, 

form, 409 

application for division, 

form, 411 

notice of, form, 411 

division by fence-viewers, 

form, * 412 

what are sufficient, 413 

application for repairs, 

form, 413 

notice of, form, 414 

notice to repair, form, 414 
application to appraise, 

form, 416 

notice of, form, 416 

appraisal, form, 417 



490 



INDEX. 



Fences^ application to ap- 
praise, form, 419 
notice, form, 419 
appraisal, form, 420 
several included in one 

petition, 422 

railroad corporations to 

maintain, 425 

of common fields, 425 

Fence- Viewers^ choice of, 25 

powers and duties, 409 

fees, 421 

duties of, judicial, 422 

proceedings void, when, 422 
must all be present at 

hearing, 422 

jurisdiction of, 410 

division of fence by, 410 

no power to alter lines, 410 
dispute about line does 
not take away jurisdic- 
tion, 411 
majority of may act, 411 
if three attend, two may 

decide, 411 

may order repairs, 421 

costs before, to be paid by 

delinquent, 421 

exceptions to qualifica- 
tions of, 422 
Ferries, how established, 208 
Fines^ for misconduct at elec- 
tions, 60 
how recovered, 61 
for police offences, 367 
to whom paid, 367 
how recovered, 367 
Fires^ plundering at, how pun- 
ished, 350 
law relating to, where in 

force, 356 

article in warrant to adopt 

law relating to, form, 356 
vote to adopt law relating 

to, form, 357 

towns may make regula- 
tions as to, 5,350,359 
Fire Buckets to be provided, 352 
Fire Engines to be kept in 

order, 356 

Firemen J how appointed, &c., 351 



Page. 
Firemen, appointment, form, 351 
how paid, 356 

Fire Precincts, how estalish- 

ed, &c., 360 

iFiiVe-TFarJs, how chosen, 25 

selectmen to act as, when, 25 
to choose chairman and 

clerk, 349 

powers and duties at fires, 349 
as to fires in streets, 350 

penalty for refusing to 

obey, 350 

may make regulations, 350 
form of regulations, 351 

penalties for disregard- 
ing, 351 
powers relating to fire- 
men, 351 
may remove buildings, 353 
may notify owners to re- 
pair, 354 
form of notice, 354 
notice, how given, 354 
may make repairs, when, 354 
may demolish buildings, 

when, 355 

money to be advanced to, 355 
may seize gunpowder, 384 
may prosecute for offences 

as to powder, 385,386 

in village precincts. See 

Village Precincts, 361 

powers of relative to hook 
and ladder companies, 361 
Fish, taking of, how prohibited, 470 
not to be caught in cer- 
tain months, 470 
wardens appointed, 470 
possession of fish, evi- 
dence, 470 
penalty for violating act, 470 
act to take eft'ect, 470 
Fishing Vessels, how taxed, 97 
where taxed, 97 
Floating Timber, when detain- 
ed, 440 
to be advertised, form, 440 
damages assessed, forms, 

442,443 
rights of parties to, 443 

action against owners of, 443 



INDEX. 



491 



Foreigners to present papers 

to selectmen, 54 

Furred Animals^ penalty for 

killing, 469 

a 

Gaming^ how punished, 364 

Gaming House ^ penalty for 

keeping, 398 

Gas Companies may lay pipes 

in street, " 203 

Gates^ when permitted on high- 
ways, 198 
at railroad crossings, 206,207 
General Issue in penal actions, 395 
Governor^ election of, 64 
Guardians to be notified of 

laying roads, 156 

of insane, see Insane^ 331 
of spendthrifts, see Spend- 
thrifts, 334 
liability for penalties, 367 
Guide-Posts, when and by whom 

erected, 204 

penalty for neglect, 205 

penalty for injuring, 205 

neglect to maintain, one 
offence only, 205 

Gunpoivder, safe-keeping of, 385 
police officers may search 

for, 384 

penalty for keeping, 385 

how kept for retail, 385 

how to be transported, 3S5 
not to be peddled, 385 

magazines to be provided, 386 
to be deposited in maga- 
zines, 386 
regulations of sale, by 
engineers, 384 



H 



Health Officers, how chosen, 25 
selectmen to act as, 25 
powers, duties and com- 
pensation, 391 
Hearing in contested elections, 89 
Highway, what deemed, 191,203 
includes bridges, 156 
how laid out, 156 



Page. 
Highway^ petition for, to be in 

writing, 155 

must be laid according to 

petition, 155 

selectmen not confined to 

intermediate bounds, 157 
must be laid over the best 

ground, 157 

bridges on, covered with 

snow, 204 

penalty for neglect, 204 

act to take eff'ect, when, 204 
railroads not to obstruct, 206 
not to be used by railroads 

without license, 207 

license to use, given, when, 207 
penalty for violation of 

regulations by railroad, 207 
power of selectmen to lay 

out, widen, &c.j 155 

how limited, 166 

proceedings of selectmen 

in laying out, 155 

notice of laying out, to 
whom and how given, 

156,162 
to minors insufficient, 156 
in case of separate inter- 
ests, 156 
in case of mortgages, 156 
if owners unknown, 157 
duties of selectmen in lay- 
ing out, 157 
may be laid across high- 
ways, 158 
rivers not tide waters, 158 
corporate property or fran- 
chises taken for, 158 
return of to be made, 159,165 
damages to be assessed, 159 
if owner unknowoi, 1 59 
petition to lay out, form, 161 
to widen, form, 161 
order for hearing, 1 62 
order of notice on, form, 162 
evidence of notice, form, 163 
affidavit that* owners are 

unknown, form, 163 

order of publication, form,163 
affidavit of publication, 
form, 164 



492 



INDEX. 



Highway^ laying out by select- 

men, form, 164 

illegal, when, 166 

for accommodation of in- 
dividuals, 167 
to be subject to gates or 

bars, 158 

form of laying out, 165 

gates across, by whom 

supported, 158 

removed, when, 159 

proceedings in case of re- 
moval, 159 
considerations on laying 

out, 166 

on laying out, damages, 

how estimated, 167 

laying out over a turn- 
pike, notice, 168 
laid out where buildings 

are, 168 

laying out by court, 169 

proceedings before com- 
missioners, 169 
damages on laying out, 

when paid, 170 

how recovered, 1 74 

by whom paid, 175 

when paid by county, 178 
petition for increase of, 

form, 159 

paid, not recovered back, 176 
costs of laying out, how 

paid, 176 

petitioners liable for, 176 

alterations in, town liable 

for, 160 

proceedings in case of al- 
teration, 160 
remedy of persons injur- 
ed, 160 
report of commissioners 

set aside, when, 167 

if commissioner interest- 
ed, vacancy, how filled, 171 
laid over old road, when, 158 
materials for, liability of 

surveyor for, 182 

trees in, public have no 

right to, 183 

agents to build, appointed, 187 



Page. 

Highways repaired by con- 
tract, when, 187 
created by use, 192 
action for injury to, 197 
aqueduct and gas compa- 
ny may lay pipes in, 203 
commissioners to estab- 
lish line on bridges, 171 
expenses of building, ap- 
portioned, 172 
towns summoned in, 

when, 173 

may raise taxes to pay 

apportionment, 173 

penalty for neglect to 

build, 173 

discontinuance of, by 

town, 176 

by consent of court, 177 

effect of, 177 

damages on, 177 

second vote of discontin- 
uance, necessary when, 178 
surveyors of, how chos- 
en, 25 
powers and duties, see 

Surveyors. 
to remove incumbrances 

from, 197 

may prosecute for remov- 
al, 197 
complaint, form, 199 
order of notice, form, 200 
warrant for removal, 

form, 201 

warrant need not be un- 
der seal, 180 
taxes, how raised, 179 
may be voted in money, 182 
how collected then, 1 82 
non-residents may work 

out, 133 

raised, to be expended in 

winter, 179 

may be expended on pri- 
vate way, 181 
neglect to make or repair, 

towns liable for, 179,191 
towns may be indicted, 190 
notice of prosecution, 191 
tines imposed, 191 



INDEX. 



493 



Page. 
Uighway^ agents appointed, 

powers, &c., 191 

damages from deficiency 

of, 192,194 

towns answerable for, 194 
town's remedy against 

surveyor, 193 

damages from, liability 

for, how limited, 192,194 
incumbered by snow, town 

liable, 194 

precautions to be observ- 
ed, 195 
incumbrances on, see Svar- 

veyorSj supra^ 196 

injuries to, penalty for, 196 
liability for damages, 197 
obstructing, liability for 

damages, 197 

buildings, &c., on, nui- 
sances, 198 
gates on, when allowed, 198 
redress for, 199 
repairs on, 179 
prices of labor on, how 

fixed, 179 

rights of public in, 202 

law of " turn to the right," 205 
what deemed traveled 

part, 206 

not in a town, how made 

and repaired, 188 

railroad crossings, how 

secured, 206 

speed at, 207 

common, police regula- 
tions do not apply to, 365 
High Schools, districts may 

unite for, 266 

powers of united districts, 266 
officers of, 267 

branches to be taught in, 268 
districts may raise money, 267 
districts may establish, 269 
in districts where more 
than one hundred schol- 
ars, 269 
in Somersworth, 270 
High Schools in Claremont, 273 
any district may adopt act, 273 
Hogreeves^ how chosen, 25 
23 



Page. 

Homey what constitutes, 51,52 

Hook and Ladder Companies^ 

how established, 361 

powers and duties of, 361 
act in force, when, 361 

exempt from military 
duty, 361 

Hoops, culling of, 462 

Horses, how taxed, 92 

stud, tax on, how secured, 100 
by-laws to regulate, 5 

House of Reformation, persons 

committed to, 371 

towns to pay board of, 371 
penalty for neglect, 371 

action for, 371 

Houses to be provided with 

buckets and ladders, 352 
notice to provide, form, 352 
of correction, how pro- 
vided and regulated, 368 
votes relating to, form, 369 
jails may be used as, 370 

Hundred Weighty what is, 465 



Idiots, who are, 330 

Illegal Voting, in one place 
does not destroy right 
to vote in another, 54 

penalty for, 60,226 

Incorporation of town, evidence 

of, 6 

settlement by, 291 

effect on paupers, 291 

Incumbrance in Highways, how 

removed, 197 

prosecution for removal, 197 
liability for damages, 198 
what a nuisance, 198 

complaint for, form, 199 

order of notice on, form, 200 
warrant to remove, form, 201 
Indentures of Paupers, forms, 

311,312 
requisites and effect, 315 

Indentures of Minors, form, 339 
Indictment, towns liable to, 

when, 188,204 

Inhabitants, meaning in E. S., 1 

of towns may be witnesses, 47 



494 



INDEX. 



Page. 
Inhabitants may act as justices, 47 
as sheriffs, 47 

who are, 95 

when taxed, 95 

removing, liable for taxes, 95 
evidence of residence else- 
where, 99 
certificate of residence, 

&c., form, 100 

not taxable by consent 
elsewhere, 102 

Injuries to buildings, trees, &c., 

how punished, 363 

to highways, penalty for, 196 
liability for damages, 197 
Impounding of Cattle ^ 427 

forms relating to, 428 

Insane, how construed, 94,109 
who are, 331 

guardians for, appointed, 331 
powers and duties, 336 

application for guardian, 

form, 332 

notice to be given, 332 

form of notice, 332 

inquisition to be made, 

and how, 333 

form of inquisition, 333 

duties of towns as to, 337 
duties of county com- 
missioners to, 337 
Insane, dangerous, sent to 

Asylum, 343 

petition for that purpose, 

form, 344 

prisoners transferred to 

Asylum, 344 

paupers sent to Asylum, 344 
county liable for support, 

when, 345 

sent to Asylum by friends, 345 
bond for expenses, form, 345 
how taxed, 109 

Insolvency of Insane and Spend- 
thrifts' Estates, 337 
Institutes, Teachers*, money 

voted for, 283 

Intention to Return^ what af- 
fects residence, 52 
Interests, several appraised sep- 
arately, 108 



Page. 

Inventories, Town^ selectmen 

to return, and when, 140 
penalty for neglect, 141 

blanks to be furnished, 141 

Invoice of Polls and Property, 

how taken, 103,117 

notice of taking, 103 

form, 103 

personal application for, 103 
an account under oath, 104 
oath, form of, 104 

penalty for refusing, 104 

giving false, penalty, 104 

officers of corporations 

to furnish, 105 

officers of banks to fur- 
nish, 105 
form of, 105 
making of town, 108,109 
form of town, 116 



Jbirit Authority, majority of 
public officers may ex- 
ercise, 2 
majority of selectmen 
may act, 25 
Jurors, how drawn, 450 
form of record, 453 
list made and revised, 450 
proceeding, if disqualified,450 
number of, in list, 450 
exemptions from serving, 451 
venires for, how served 

and returned, 451,456 

notice of meeting, and 

form, 452 

drawing recorded, and 

form, 453 

notice to, and form, 453 

drawing on emergency, 455 
penalties for neglect of 

duty, 455 

how drawn in wards of 
cities, 456 

Jury List to be revised, if num- 
ber reduced, 450 
to contain not less than 
one half of the highest 
number, 450 



INDEX. 



495 



Page. 
Justices may warn town meet- 
ings, when, 14 
warrant, requisites of, 12 
form, 15,17,19 
may try cases in which 

town is interested, 47,395 
fees, 399 



Ladders to be put upon hous- 
es, 352 
Land — Landsj meaning of in 

R. S. 2 

Lands of Residents, how sold 

for taxes, 124 

non-residents, how sold 

for taxes, 129 

how redeemed, 131 

list of redeemed, 132 

LawSj to be distributed to 
towns and public libra- 
ries, 9,11 
Law of the Road, " turn to the 

right," 205 

Laying out of Highways, 155 

Legality of Tax, collector not 

answerable for, 146 

Legatees, property of, how tax- 
ed, 99 
Libraries, Public, towns may 

establish, 10 

towns may raise money for, 10 
to be free, 1 1 

towns may receive lega- 
cies, 1 1 
to receive journals, laws, 
&c., 11 
Lien of persons taxed for oth- 
ers' property, 100 
License to lay materials in 

street, 364 

to transient tradesmen, 467 
for theatrical exhibitions, 392 
for shows, &c., 392 

to be paid in advance, 392 
Limitation of suit against 

town, 454 

Lines of Towns, on bridges, 

how established, 171 

to be perambulated, 38 

court to settle, when, 39 



Page. 
Lines of Towns on Connecti- 
cut river, 39 
legislature may alter, 42 
Literary Fund, how raised and 

distributed, 252 

how applied by towns, 253 
penalty for misapplying, 253 
in severed districts, 221 

List of Assessments J how sign- 
ed, 111,114 
of taxes made to collector, 111 
non-resident tax, requi- 
sites of, 128,137 
when delivered to col- 
lector, 129,137 
to deputy secretary, 129,137 
how long kept by deputy 

secretary, 129,137 

advertisement of, 129,137 
form, 135 

affidavit of posting, form, 135 
List of non-resident lands re- 
deemed, 132 
form, 133 
of ratable polls, 59,63 
of voters, 56 
Loan Fund Associations to 

make return, 107 

LogSj see Floating Timber, 440 
Lost Goods, see Strays, 444 

Lumber deemed stock in trade, 92 
where taxed, 97 

survey of, 461 

Lunatic, who is, 331 

M 

Majority of public officers 

may act, 2,31,33 

necessary to elect town 

officers, 25 

of ballots, how determin- 
ed, " 59 
necessary to elect offi- 
cers, 25,26 
of selectmen to approve 
collector's bond, 29 
Manufacturing Corporations, 
how taxed, 101 
stocks not taxable, 95 
not to employ children, 253 
penalty for employing, 253 



496 



INDEX. 



Page. 
Marks of Sheep, 469 

Marriages, see Paupers, 285 

to be recorded, 476 

facts respecting, to be re- 
corded, 476 
returns to be filed, 476 
to be recorded, 476 
record evidence, when, 477 
certificate of, 478 
persons married out of 

state to file certificate, 478 
law does not apply to 

Quakers, 478 

penalties, 478 

Masculine Gender, words in, 

how construed, 1 

Measure of Charcoal prescribed,464 
meal, &c., prescribed, 464 
Measurers, Sealers of, choice 

and duties, 464 

standard to be provided, 464 
Measurers of Wood, choice, 

powers and duties, 26,463 
Meetings, see Town Meetings, 

religious, disturbance of, 381 
Meeting-House, town may re- 
move, 9-10 
town may sell, 10 
Militia^ persons liable to do 

duty, 457 

how enrolled, 457 

information to be given, 457 
penalty for false informa- 
tion, 457 
penalty for neglect to en- 
rol, 457 
arms distributed, how, 457 
arms, where taken from, 458 
proceedings in case of 

riot, 458 

ofiicers, how appointed, 458 
volunteers accepted, 458 

list of persons performing 

duty, to be made, 459 

volunteer companies, how 

raised, 459 

services of, 459 

selectmen to procure 

arais, 459 

uniform of, 459 

to parade, when, 459 



Page. 

Militia disbanded, how, 459 

enlistment, when valid, 459 
enlistments for five years, 459 
number in company, 460 

how paid, 460 

evidence of service of, 460 
captain to make list of 

company, 460 

certificate under oath, 460 
Mills, repairs of, 401 

petition to selectmen for, 

form, 402 

order of notice on, form, 403 
order to repair, form, 404 
notice of repairs made, 

form, 405 

appraisal of repairs, form, 406 

tolls at, 407 

repairs of, by cotenants, 408 

Minerals, where and how taxed, 108 

Minister Taxes, when laid, 

who exempt, 4 

Ministerial Lot, town may sell, 8 
Ministerial Lot, town may dis- 
pose of income, 8 
Minors, not eligible to ofiice, 63 
notice of laying out road 

to, invalid, 156 

how bound out, 339 

indenture, form, 339 

selectmen's approval,form,340 
complaint of ill treat- 
ment, and form, 341 
warrant for form, 342 
may be discharged from 

indentures, 342 

judgment of discharge, 

form, 342 

convicted of police offen- 
ces, who liable, 367 
disturbing meetings, pa- 
rents, &c., liable, 382 
not necessarily paupers, 309 
Mittimus in Bastardy Case, 

form, 325 

for police offences, form, 397 
Moderator of Town Meeting, 

chosen, 21 

to preserve order, 22 

form of appointment, 22 

must be sworn, 34 



INDEX. 



497 



Page. 
Moderator at Town Meetings^ 

duty at balloting, 58 

to count ballots and de- 
clare result, 59 
elected by plurality, 21 
to take poll of voters, 22 
penalty for neglect, 22 
how chosen, if vacancy, 22 
Moderator of school districts, 

election of, &c., 226 

to be sworn, 226 

Money on hand and at inter- 
est, how taxed, 92 
Monthf meaning of, in R. S. 2 
Monuments^ penalty for remov- 
ing, 42 
Mortgagee in possession to be 

notified in road case, 157 
out of possession, is not, 157 
Mortgager in possession deem- 
ed owner, 157 

N 
Naturalization Papers to be 

presented, 54 

to be recorded, 54 

if genuine, proceedings, 54 
if not genuine, proceed- 
ings, 55 
when not presented, 55 
rights of voters not af- 
fected, 55 
meeting to be held to pre- 
sent, 55 
Naturalized Citizens to be put 

on check list, 57 

Neat Cattle, by-laws respect- 
ing, 5 
Necessary Charges, what are, 8 
Neglect to take Oaths^ penal- 
ty, 34,35 
Neglect, time of, how alleged, 395 
Negroes are voters, 55 
Noise in Street, how punished, 363 
Noisy Behavior near meet 

ings, penalty, 382 

offenders arrested, 383 

Non Compos Mentis j who is, 383 

settlement of, 286,298 

Non-residents may work out 

highway tax, 133 

23* 



Page. 
Non-resident Taxes^ list to be 

made, 129 

form, 116 

list defective, when, 129 

cost of copy of, to be 

paid, 130 

list of, what description 

necessary in, 129 

real estate, how described, 129 
list delivered to collector, 130 
to deputy secretary, 130 

to be certified, form, 130 

to be kept by deputy sec- 
retary, 130 
deputy secretary to re- 
ceive, 130 
list to be advertised, 130 
requisites of advertise- 
ment, 130 
advertisement, form, 135 
how posted, 130 
aflSdavit of posting, form, 135 
proceedings on sale, 131 
account of sale, 131 
form, 136 
copies to be filed, 131,138 
to be recorded, 131,138 
lands sold for, who may 

redeem, 132 

tender, to whom made, 132 
notice of tender, and 

form, 132 

share of, may be paid, 132 
list of lands redeemed, to 

be filed, 132 

form, 133 

deed of land sold for, 

form, 133 

fees of collectors, 134 

how apportioned, 134 

penalty for extorting, 134 
sale for, requisites of, 137 
illegal, when, 131 

purchaser at sale, for to 

pay subsequent tax, 131 
redemption of land sold 

for, 131 

collector's deed, when 

made, 138 

collector of, must give 
bonds, 27,147 



INDEX. 



Page. 
Non-resident TaxeSy charge 

on land, not on owner, 139 
when resident's property, 
liable to, 145 

Notice to take Oathsj how given, 34 
form, 34 

return of, form, 36 

to return invoice to be 

given, 102 

form, 103 

of taxes to be given, 122 

towns may prescribe, 125 

Notice of Suit, when given, 436 

Notice of Sale for Taxes, of 

personal estate, 125 

of resident's real estate, 125 
of non-resident's real es- 
tate, 130 
Notice of laying out Highways^ 

what sufficient, 156 

by publication, 157 

when waived, 162 

order of, form, 162 

certificate of service, form, 163 
affidavit, owner unknown, 

form, 1 63 

order of publication, form, 163 
in pauper cases, 301,305 

form, 314 

to remove buildings, what 

and how, 353,355 

form, 354 

Notice of Sale of Meeting-house, 1 
of petition to perambu- 
late lines, 39 
of meeting to record nat- 
uralization papers, 55 
of contested elections, 88 
of taxes, when not in writ- 
ing, 122 
of school meeting, how 

posted, 225 

of supplies to paupers, 300 
of supplies to paupers, 

when to be returned, 306 
of appointment of liquor 
agent, 380 

Nuisances in Highways, what 

deemed, 198 

health officers to make 
regulations as to, 387 



Page. 
Nuisances in Highways, search- 
warrants for, 387 
to be removed, and how, 

389,390 
in streets to be removed, 390 
complaint and warrant 

for, form, 388 

notice to remove, form, 389 

Nuisances, bowling-alleys are, 390 

O 

Oaths of Town Officers, form, 34 
officers notified to take, 34 
when, how, and by whom 
administered, 34 

Oath of Office, neglect to take 
does not render office 
vacant, 422 

neglect to take, penalty, 34 
record of, when insufficient, 36 
Oaths of School District Officers, 
how administered, 227 

form of, 227 

Oaths, precept to take, form, 36 
return of, form, 36 

record of, form, 37,228 

when insufficient, 145,228 
includes affirmations, 37,228 
of collector essential to 

tax sale, 145 

all officers must take, 

34,83,227 
Obscenity, how punished, 363 

Office vacated by removal, 33 

vacated by removal from 

town, 228 

by resignation, 228 

Office, settlement by, 290 

Offices, sale of, illegal, 27 

Officers must show themselves 

qualified, 145 

others may show them 

acting, 145 

all must be sworn, 227 

resisting, punishment for, 398 
liable for neglect of duty, 33 
town, choice of, 24 

See Town Officers. 

vacancies, how filled, 26,27 
towns may indemnify, 9 



INDEX. 



499 



Page. 
Officers, public, majority may- 
act, 2,31,33 
in unincorporated places, 5 
police, powers and duties, 372 
health, powers and duties, 387 
of engine companies to re- 
turn list of members, 356 
elected by major vote, 25,26 
elected by ballot, 25,26 
when not by ballot, 26 
Officers of Town, penalty for 

assaulting, 61 

Official Service, proof of^ in 

pauper cases, 290 

Ordet^ in Town Meetings, 22 

Order, annexing to district out 

of town, form, 222 

making district in two 

towns, form, 223 

Overseers of Poor, see Paupers^ 299 

selectmen to act as, 299 

choice, powers and duties, 

25,33 
not to release indentures, 339 



Parents, when liable for sup- 
port of children, 300 
what is sufficient ability, 310 
when liable for penalties, 367 
Parishes^ with town privileges, 4 
are corporations, 4 
Passengers, security to be 

given for, 284 

Paupers, settlement of, 

I. by marriages, 285 
proof of marriage, 285 
husband and wife wit- 
nesses of, 285 

marriage valid, though 

illegally procured, 285 

though not published, 285 
incestuous or adulterous, 

void, 285 

of non compos, 285 

place of, immaterial, 286 

by marriage, not lost by 

divorce, 286 

wife's settlement follows 

husband's, 286 

II. by legitimate birth, 286 



Page. 
Paupers, legitimate children 
have father's settle- 
ment, 286 

legitimate, till emanci- 
pated, 287 

when they are emanci- 
pated, 287 

presumption as to eman- 
cipation, 287 

emancipation by mar- 
riage, 287 

if non compos, 288 

III. by illegitimate birth, 288 
illegitimates not aiFected 

by after marriage, 288 

IV. by taxation for proper- 
ty, 289 

what deemed real estate, 289 

property not taxed four 
years, 289 

four years' residence nec- 
essary, 289 

payment of taxes, who to 
prove, 289 

V. by admission and office, 290 
effect of removal, 290 
proof of official service, 290 
official year, what is, 290 

VI. by incorporation of 
town, 291 

temporary absence, 29 1 

VII. by union of towns, 291 

VIII. by division of town, 291 

IX. by change of town lines, 292 
settlements not affected, 292 

X. by residence and paying 

taxes, 293 

settlement of by incorpo- 
ration of town, 291 
effect of division of town 

on, 291 

effect of taxation on, 294 
liability of, to support 

children, 300 

not affected by agreement 

of selectmen, 305 

notice of supplies to, 306 
relatives to support, when, 360 
not chargeable to any 

town, 316 

bound out by overseers, 339 



500 



INDEX. 



Page. 
Paupers^ seven years must be 

successive, 293 

residence uninterrupted, 293 
neglect to tax prevents, 293 
abatement of tax pre- 
vents, 293 
the whole tax must be 

paid, 294 

settlement of, not acquir- 
ed by birth, 294 
under laws before 1796, 

terminated, 294 

by warning out laws, re- 
pealed, 294 
continued till new gained, 295 
not affected by settle- 
ments out of state, 295 
laws changing, constitu- 
tional, 295 
law of January 1, 1796, 295 
non compos may gain set- 
tlement, when, 298 
how supported, 298 
may be bound out, when, 299 
children may be set to 

work, 299 

overseer's duty to protect, 299 
contracts relating to, to 

be written, 300 

deceased to be buried by 

overseers, 300 

what relations liable for 

support of, 300 

relations not liable, when, 300 
remedy of towns for sup- 
port of, 300 
notice of towns for sup- 
port of, 301 
notice of expenses for 

support of, 301 

how served and returned, 301 
when to be served and 

returned, 301 

effect of, 301 

when sufficient, 301 

actions for support of, 

when brought, 301 

when transferred, 301 

depend on statutes, 303 

agreement by town does 

not affect settlement, 305 



Page. 
Paupers, payment for expen- 
ses of support must be 
demanded, 304 

unincorporated places not 

liable, 301 

towns claiming territory, 

liable, 301 

prisoners in jail, how pro- 
vided for, 302,304 
who deemed to be, 309 
who entitled to relief 

as, 304 

applications for relief, by 

and to whom made, 302 
individuals can sue for 
support of, only on con- 
tracts, 303 
husband, where support- 
ed, if wife has settle- 
ment, 304 
agreement of attorneys 

as to, when binding, 305 
of selectmen as to, how 

far binding, 307 

when one selectman may 

act as to, 307,308 

contracts for support of, 

when town is bound, 308 
children, when parents 

liable, 309 

what is sufficient ability, 309 
becoming able, not liable 

for past relief, 310 

indenture to bind out, 

form, 311,312 

effect of, 314 

notice of relief to form, 314 
county, who are, 316 

courts may bind out, 316 
if towns not organized, 317 
counties may provide 

buildings for, 317 

bringing into state, pun- 
ishment, 317 
passengers, bonds to in- 
demnify towns, 317 
punishment for neglect, 318 
bonds, how prosecuted, 318 
form of, 318 
bringing into county, pun- 
ishment, 318 



INDEX. 



501 



Page. 
Paupers may be removed to 

their own county, 318 

account, form of, 319 

evidence required, 3 1 9 

not voters, 49 
may vote if taxes are 

paid, 49 
if assistance provided by 

town is repaid, 49 
minors are not necessa- 
rily, 309 
towns not entitled to earn- 
ings of child of, when, 31 1 
Peddlers^ see transient trades- 
men, 466 
Penalties, how recovered, 394 
prosecutions for, how 

limited, 395 

to be paid to town, when, 47 
for neglect to return 

votes, how recovered, 81 
under fire-law, how recov- 
ered, 359 
Perambulation of Town Lines, 38 
return of, to be made, 38 
form, 40 
notice of, to be given, 38 
form, 40 
penalty for neglect, 38 
if selectmen disagree, 39 
appointment of agent, 

form, 40 

and return recorded, 41 

petition to court, form, 41 

Persons, how used in R. S., 2 

Persons, taxed for others, to 

have lien, 100 
Petitions, affecting towns, 

when and how served, 7 
for town- meetings, by 

whom signed, 14 

to selectmen, form, 18 

to justice, form, 18 
to court to settle lines, 

form, 41 
to be annexed to district 

out of town, form, 221 
for new district in two 

towns, form, 222 
for dismissal of pruden- 
tial committee, form, 236 



Page. 
Petitions to change location 

of school-house, form, 244 
to lay out school-house 

lot, form, 246 

notice of, form, 246 

Physicians to keep record of 

births and deaths, 474 

to furnish copy of record 
to town-clerk, 475 

Places Unincorporated^ powers 

of, 5 

officers of, 5 

laws applicable to, 5 

can not assume powers of 

towns, 6 

See Unincorporated Places. 
Plank, how measured, 462 

Plural Number^ words in 

R. S., how construed, 1 
Plurality to elect moderator 

of town-meeting, 21 

Police, offences against, what, 

363,364 
how puijished, 366 

proceedings relating to, 366 
fines for, to whom paid, 367 
officers, how appointed, 

powers and duties, 372 
appointment and oath, 

form, 376 

removal of, form, 377 

may remove persons from 

meetings, 383 

may search for gunpow- 
der, 384 
to prosecute for offences, 

as to, 386 

regulations, how made, 374 
apply to compact part of 
town only, 365 

Police, Special, how appoint- 
ed, 372 
superintendent of,' 372 
powers and duties of, 372 
compensation of, 372 
police officers to serve 
process under liquor 
act, 379 
police offences, towns lia- 
ble for support of pris- 
oners convicted of, 366 



502 



INDEX. 



Page. 
Poll of Voters, when, what is, 22 
Polls J when taxable and where, 

91,95 
persons removing from 

town, 95 

ratable list of, 56,60 

Poor Children to be furnish- 
ed with school books, 259 
Portsmouth exempted from 

general school-law, 252 
schools in, 277 

act, towns may adopt, 280 
Pound, towns to provide, 437 

breach, what is, penal- 
ty, 437 
keeper, choice, powers and 

duties, 25,427 

fees, 438 

Pounds limitation of, suit for 

neglect to build, 436 

Pound-Keeper loses control of 
animals impounded, 
when, 437 

Printing^ included in writing, 2 
Prisoners in Jail, how support- 
ed, 302,304 
Privies, how regulated, 390 
Profanity, how punished, 363 
Precept, to notify to take oaths, 

form, 36 

return upon, form, 36 

Precincts, see Village Precincts, 260 
Presumption from defective rec- 
ords, 147 
Property/, where taxed, 91 
personal, to whom taxed, 98 
of persons deceased, 98 
of legatees, wards, &c., 99 
taxed to other than owner, 

lien upon, 100 

exempt from distress, 123 
levied on extent, how sold, 150 
Proprietary Records, where de- 
posited, 43 
relating to several towns, 43 
penalty for detaining, 43 
copies, how certified, 43 
effect of, 44 
fees for, 44 
penalty for refusing, 44 
penalty for destroying, 44 



Pago. 

Prudential Committee, how cho- 
sen and appointed, 226,227 
powers and duties as to 

district meeting*; 226 

must be sworn, 227 

vacancies, how filled, 228 
powers and duties as to 

schools, 228 

may be dismissed after 

hearing, 229 

application to appoint, 

form, 235 

appointment, form, 235 

petition for dismissal, 

form, 236 

notice on, form, 236 

how served, 237 

dismissal, form, 237 

contracts by, bind district, 239 
vacates office by removal, 228 
resignation of, 228 

may hire money, when, 249 
school money to be paid 

to, 251 

district may require bonds 

of, 251 

may recover penalty of se- 
lectmen, 251 
penalty on, for not expend- 
ing money, 251 
may hire school room, 

when, 251 

to make check-list, 229 

act adopted, when, 230 

application to, for check- 
list, 230 
high school tax paid to, 270 
Public Place, what is, 13,17 
PMic Libraries, see Libraries^ 10 

Q 

Quadruple Tax, when assessed, 104 

R 

Railroad Corporations, how tax- 
ed, 92,101 
crossings, how secured, 206 
liability for neglect, 207 
rails may be taken up, 207 
notice to corporation, how, 207 
to maintain fences, 425 



INDEX. 



503 



Page. 
Railroads, speed of trains at 

crossings, 207 

not to obstruct highways, 207 
not to pass crossings with- 
out license, 207 
license to pass highways 

granted, 207,208 

regulations as to, penalty 

for violating, 207 

fences on, 425 

stocks not taxable, 96 

Railroad Commissioners to as- 
sess damages, 168 
Railroad Tax, how distributed, 93 
how appropriated, 93 
liability for neglect to pay, 94 
Ratable Polls, who are deemed, 

63,74,78 
to be entered on check-list, 59 
list of, where filed, 59 

Real Estate^ meaning of, in 

R. S., 2,134 

what taxed, 91 

of railroads, how taxed, 91 
to whom and where tax- 
ed, 96,101 
if occupied, to whom taxed, 98 
unoccupied, taxed as non- 
resident, 98 
unimproved, how taxed, 98 
in whose name, 98 
of deceased persons, to 

whom taxed, 98 

of legatees, 99 

how holden for taxes, 124 
proceedings on sale of, for 

taxes, 125 

of residents, when liable 

to be sold, 125 

sale of non-residents, 131 
redemption of, 131 

settlement by, 289 

of insane and spend- 
thrifts, when sold, 336 
Receipt for fees, when given, 400 
penalty for neglect to 
give, 400 
Record of Choice of Town Of- 
ficers^ form, 30,83 
of election, what to be 
stated, 63 



Page, 
Record of Choice of Town Of- 
ficers of town-meetings, 
form, 83 

of district meeting, form, 

235,238 
proprietary, see Proprie- 
tary, ' 43 
by town-clerk, how made 

and attested, 30 

copies, how attested, 30 

how amended, 30 

when suflScient, 30 

punishment for false, 31 

penalty for refusing cop- 
ies of, 31 
Records must show officers 

elected by major vote, 25,26 
must show officers elected 

by ballot, 25,26 

writing in pencil in, not 

sufficient, 30 

of school districts amend- 
ed, 238 
Recording^ fees for, 31 
Regulations, firewards may 

make, 350 

police officers may make, 374 
towns may make, 359 

as to sale of gunpowder, 384 
Relations, when liable to sup- 
port paupers, 300 
Release of surveyor must be 

by vote, 47 

Religious Meetings, how pro- 
tected, 382 
Remainderman to be notified 

gf laying road's, 156 

Removal from town, vacates 

office, 33 

for time, eficct on school 
taxes, 253 

Repairs of Highways, by whom 

made, 179 

when paid for by county, 183 
payment, petition for, 

form, 184 

town to furnish material 

for, 182 

surveyor not liable for 
materials, 182 



504 



INDEX. 



Page. 
Repairs of school-houses, 241 

of mills, by cotenants, 408 
Reports^ &c., distributed to 

towns, 9 

Representatives^ meetings for 

choice of, 74,76 

certificates of election of, 

how made, 74 

form of, 77 

of classed towns, election 

of, 79 

warrant for meeting to 

elect, form, 78 

return of, form, 79 

certificate of election, form, 79 
in congress, election of, 66 
plurality to elect, 67 

return of votes for, 67 

certificate of election, 67 

if no choice, proceedings, 67 
if vacancy, proceedings, 68 
from towns not author- 
ized, not to be paid, 89 
Rescue of police prisoners pun- 
ished, 365 
of cattle impounded, 437 
Residence required of voters, 

what, 50 

lost, when, 50 

See Paupers* Settlement. 

Residents* Property^ when tax- 
ed as non-resident, 145 
taxes on, 122 

only, to send to school, 258 

Return of Warrant for town- 
meeting, 13 
requisites of, 13,15 
form by constable, ' 16 
form by selectmen, 18 
of votes for state ofiicers, 

how made, 64 

form, 65 

for members of congress, 66 
for electors, 69 

for county officers, 71 

for representatives, 74,76,79 
neglect of, how prosecuted, 81 
penalties, how recovered, 81 
town-clerk required to 

amend, 81 

refusal to amend, penalty, 81 j 



Page. 
Returns, false, how punished, 82 
blanks for, distributed, 82 
of new highway, requi- 
sites, 159 
Return of Votes, if not received, 

clerk to be notified, 64,67 
Rewards for Criminals may 

be offered, 367 

Riding rapidly, how punished, 365 
Riot, militia called out in case 

of, 458 

Rivers, except tide, highways 

laid across, 158 

not to be obstructed, 158 

Roads, see Highways. 
Road Commissioners may lay 

road over old road, 158 

S 

Sale of offices illegal, 27,33 

for taxes on distress, 123 

account of, 123 

form, 126 

of lands of residents, 124 
of non-residents, 126,138 



account of, filed and re- 
corded, 126 
form, 136 
void, unless law complied 

with, 143 

of lands in common, a 

share, 143 

of whole land for taxes, 
void, 131 

Sale of Meeting-houses, 10 

proceeds divided, 10 

Sale of spirituous liquor, 378 

Savings Banks, fraudulent de- 
posit in, 104 
treasurer of, to notify as- 
sessors, 105 
penalty for neglect, 105 
Scholars, dismission from 

school, 257 

division of, 258 

Scholars, form of vote, 257 

School Commissioner, see Com- 

missioners, 280 

Schools, where kept, 251 

share of railroad tax ap- 
plied to, 253 



INDEX. 



505 



Page, 
Schools mnst be examined, 256 
residents alone to send to, 258 
high, 266 

in Portsmouth, 277 

other towns may adopt 

Portsmouth act, 280 

agents in unincorporated 

places, 252 

books to be prescribed, 259 

not to be sectarian, 259 

penalty for disturbing, 257 

School Districts, towns to be 

divided into, 210 

how defined and altered, 210 
limited, article for, form, 213 
TOte for, form, 213 

powers of, 210,213 

limited by selectmen, 

when, 211 

division of, to be territo- 
rial, 211 
what towns exempt from, 

division into, 221 

limited not by vote of 

town, 214 

division of, application to 

selectmen, form, 214 

by selectmen, form, 214 

property to be divided, 

when and how, 212 

application for division 

of, form, 214 

for appraisal, form, 214 

order of notice on, form, 215 
appraisal, form, 216 

how united, 212,219 

united, to be separately 

organized, 212 

unionof, article for, form, 217 
vote, form, 217 

united, proceedings of, 220 
taxes on, how assessed, 220 
inhabitants may be set off, 

when, 218 

inhabitants of are witnesses,21 7 
may vote to raise money, 240 
votes to raise money, 

when legal, 217 

altered by town, 210 

boundaries, how establish- 
ed, 210 
24 



Pago. 
School Districts, different from 

petition for, 219 

altered on recommenda- 
tion of superintending 
committee, 210 

ceasing to be organized, 211 
petition for new, 219 

if united, remain distinct 

corporations, 219 

persons annexed to, 220 

mode of proceeding, 220 

records, how amended, 238 
building committee, pow- 
ers of, 240 
expense not recovered, 

when, 241 

may hire money, when, 249 
may adopt Claremont 

act, ^ 273 

record only evidence of 

votes, 218 

may purchase land, how 

much, 241 

powers as to school hous- 
es, 241 
may legally cease to be, 249 
may take gifts of proper- 
ty, 253 
liable for teachers' wages, 253 
if certificates produced, 259 
officers, what and how 

long, 227 

clerk, powers and duties, 227 
vacancies, how filled, 228 
prud. committee, powers 

and duties, 228 

how dismissed, 229 

after hearing, 229 

must be sworn, 227 

meetings, annual, how 

warned, 224 

special, how warned, 225 
if prudential committee 

neglect, 225 

who may vote in, 226 

persons annexed to, rights 

of, 221 

associated, powers of, 226 
meeting and officers of, 227 
record of, 227 

mo(%ator, powers of, 227 



506 



INDEX. 



Page. 
School Districts^ moderator to 

be sworn, 227 

meetings, check-list used 

in, 229 

act adopted, where, 230 

application to use check- 
list, form, 230 
taxes assessed against 

ward, 251 

may adopt Somersworth 

act, 273 

may establish high 

schools, 269 

with 100 scholars, powers 

of, 269 

may buy real estate, 270 

may borrow money, 270 

School-houses, districts may 

raise money to build, 240 
located by district, 241 

committee to locate, 241 

costs, who to pay, 241 

selectmen may locate, 241 
land for, set off, 242 

taxes, how raised, 242 

who liable to pay, 242 

where property is taxa- 
ble, 242 
repairs of, 242 
district may hire money 

to build, 249 

new invoice for, 243 

proceedings on, 243 

location, application for 

change, form, 243 

appointment of commit- 
tee, form, 244 
notice by committee, form, 245 
report on, form, 245 
repairs of, 253 
to be furnished, 241 
selectmen not liable for 

neglect to remove, 242 

two or more may be built, 

when, 243 

proceedings in relation to 

building, 241 

if persons aggrieved, rem- 
edy, 243 
in united districts, duties 
of selectmen, 218 



Page, 
School-houses, lot, return of, 

laying out, form, 246 

lots, towns may sell, 8 

School Meeting, illegal voting 

in, penalty, 226 

notice of, how posted, 225 
not called by selectmen, 
when, 226 

School Money ^ towns may vote 

additional, 250 

how appropriated, 250 

to be assigned to districts, 250 
penalty for not expend- 
ing, 251 
share of railroad tax add- 
ed to, 252 
is not money of the town, 253 
when paid to prudential 

committee, 260 

assigned to high schools, 267 
taxes, selectmen to as- 
sess, 250 
liability for, on division 

of district, 254 

on removal from district, 254 
how appropriated, 251 

school taxes, if district 

disorganized, 21 1 

in two towns, 219 

School Teachers to be examined, 256 
master^s qualifications, 258 
mistress' qualifications, 258 
to produce certificates, 258 
not paid unless certifi- 
cates produced, 258 
removal of, 256 
forms relating to, 262 
duty to teach piety, &c., 261 
to make reports, 261 
penalty for neglect, 261 
Seal, to be prescribed by town, 465 
Sealers of Weights^ Sfc, how 

chosen, 25 

powers, duties and fees, 465 
Selectmen^ how chosen, 25 

duties, 25 

to discharge duties of oth- 
er oJBicers, 25 
general powers of, 32,46 
not protected by illegal 
votes, 32 



INDEX. 



507 



Page. 
Selectmen^ power to bind town, 32 

can not release cause of 
action, when, 32,47 

can not release witness, 
when, 32,46 

can not release liability of 
surveyor, 32,47 

authority to release must 
be by vote, 32,47 

can not sign for each oth- 
er, 32 

when personally liable on 
contracts, 32 

to pay debts of town, 46 

may sue for penalties giv- 
en to town, 46 

may remit for penalties 
given to town, 7,46 

to fill vacancies in town 
offices, 25,26,27 

to appoint town treasurer, 
when, 28 

to fix compensation of 
town treasurer, 28 

not responsible for col- 
lectors, &c., 31 

powers at fires, &c., 352 

to appraise damage by 
removal of buildings, 353 

to advance money to fire- 
wards, 355 

to search for and seize 
gunpowder, 384 

to prosecute for offences 
respecting gunpowder, 386 

duties as to jurors, 450 

penalty for neglect, 455 

to issue warrant for town- 
meeting, 13 

to post copies of same, 
when and how, 13 

to make return of same, 13 

elected by ballot, 25 

by major vote, 25 

records must so state, 25 

may be chosen at any 
meeting, 26 

to appoint collectors, 27 

to receive naturalization 
papers, 54 

to record them, 56 



Page. 

Selectmen to hold meeting for 

that purpose, 55 

to be satisfied papers are 
genuine, 54 

to put names of, on check- 
list, 54 

may abate taxes for pov- 
erty, 120 

may lay out road over old 
road, 158 

not to lay out road partly 
in two towns, 158 

to assign districts to sur- 
veyors, 180 

to appoint agents to build 
highways, 187 

to repair highways by con- 
tract, 187 

can not call meeting of 
school district, when, 226 

powers of, to apportion 
school money, 251 

duties of, relating to in- 
sane, 337 

to prosecute for sale of 
liquor, 379 

to revise jury lists, when, 450 

if number reduced, 450 

agreements of, as to pau- 
pers, 305 

majority may issue war- 
rant, in case of death, 14 

to insert articles in warrant, 13 

penalty for neglect to 
warn or insert article, 14 

to lodge and post check- 
list, 56 

to preside in town meet- 
ing, when, 21 

to appoint town treasurer, 
when, 25 

can not make town liable 
for pauper, by agree- 
ment, 307 

to fix village precincts, 260 

powers and duties in vil- 
lage precincts, 260,261 

to call meeting of vil- 
lage precincts, 260 

to offer reward for crimi- 
nals, 3o7 



50ig 



1NDEX» 



Page. 
Selectmen to license railroads 

to cross highways, 207 

to enroll militia, 457 

penalty for neglect, 457 

to pay militia, 460 

to hold arms in trust, 459 
sessions, to correct check- 
list, 56 
powers and duties as to 

check-list, 58,57 

to produce check -list at 

meeting, 57 

to provide ballot-boxes, 57 
to assist in counting, 59 

to indorse list of ratable 

polls, 59 

penalty for not correcting 

cheek-list, 60 

to add and erase names 

without application. 62 
indictable for fraud as to 

check-list, 63 

duties on executions 

against towns, 46 

liability, if execution not 

paid, 46 

powers and duties as to 
highways, see High- 
ways, 155 

in relation to paupers, 308 
approval of indentures, 

form, 340 

to perambulate town lines, 38 
not authorized to alter 

town lines, 42 

to lay out school districts,210 
not by vote merely, 213 

to form districts in two 

towns, 218 

to annex to district out 

of town, 218 

to assess taxes on united 

districts, 220 

to warn district meetings, 

when, 225 

to fill vacancies in dis- 
trict offices, 228 
to dismiss prudential com- 
mittee, 229 
may set off school-house 
lots, 241 



Page. 
Selectmen to assess school tax, 250 
school-house tax, 248,254 
tax to pay for district 

property, 212 

to assign school money 

to districts, 248 

not liable for teachers' 

wages, 254 

to pay militia, 460 

to license laying materials 

in street, 364 

may remove disturbers of 

meetings, 382 

to provide standard 

weights, &c., 463 

to take invoice, 103 

to give notice of taking, 

form, 103 

may apply personally, 103 
all persons to exhibit ac- 
count to, 104 
to appraise taxable prop- 
erty, 108 
to make deduction, when, 109 
to assess taxes, 110 
may add five per cent., 110 
to record, sign and certi- 
fy assessments, 111 
to return collector's name 

to treasurers, 111 

form, 112 

to leave invoice and as- 
sessment with town- 
clerk, 111 
to make list and war- 
rant for collector. 111 
to make certificate to 

town treasurer, 111 

liable for illegal tax, 146 

liable to extent, when, [149 
notice of extent, form, 150 
liability on extent to town, 150 
to collector, 150 

remedy on extent against 

town, 150 

may issue extent, when, 149 
to return town inventories, 140 
blanks to be furnished, 140 
do not act as a court, 146 
to assess damages on lay- 
ing out railroads, 168 



INDEX. 



509 



Page. 
Selectmen may permit high- 
way tax to be expend- 
ed on private way, 181 
duties in school districts, 221 
in relation to literary 

fund, " 221 

to pay over literary fund, 

when, 221 

duties of, in towns not 

divided into districts, 221 
where school-house loca- 
ted, 218 
not liable for neglect to re- 
move school-house, 242 
to assess tax where ward 

lives, 251 

to appoint sup. com., 

272,267,270 
to assess high school tax, 270 
to pay over money raised 

for teachers' institutes, 270 
of wards, duties in rela- 
tion to jurors, 456 
to pay engine men, 356 
powers relative to hook 

and ladder men, 361 

to appoint superintendent 

of police, 372 

special police officers, 372 
to license shows, &c., 393 
/Senators, election of, 64 

Settlement of Paupers, see Pau- 
pers^ 284 
Shares, how taxed when cor- 
poration taxed, 101 
of taxes, non-residents 

may pay, 132 

of land sold, owners may 

redeem, 132 

Sheep, by-laws to regulate, 5 

how taxed, 92,96 

going at large, 437 

what are strays, 445 

marks of, recorded, 469 

penalty for altering, 469 

Sheriff's not disqualified where 

toVn is interested, 47 

Shingles, survey of, 461 

Ship Timber^ measure of, 462 

Shows to be licensed, 393 

license, form, 394 

24* 



Page. 
Sidewalks, injuries to, penalty, 364 
Sign-Boards, penalty for in- 
juring, 363 
Singular Number, words in, 

how construed, 1 

Slaughter Houses, ^c, prohib- 
ited, where, 390 
Small'Pox, infected persons 

removed, 391 

inoculation forbidden, 391 

when permitted, 392 

pest-houses licensed, 392 

Somersworth, high schools in, 

act relating to, 270 

act extended to other dis- 
tricts, 270 
adopted, how, 273 
Speaking in Town Meeting, 22 
Special Police^ see Police Of- 
ficers^ 372 
Spendthrifts^ who are deemed, 334 
guardians for, 334 
complaint against, and 

forru, 335 

guardian's powers and 

duties, 336 

may be removed, 336 

may sell estate, 336 

may represent estate in- 
solvent, 337 
giving liquor to, penalty, 365 
Spirits, giving to paupers, 

how punished, 365 

sale of, near religious 

meetings, 383 

not to be given to voters, 
penalty, 60 

Spirituous Liquors, agents for 

sale of, 378 

duties of agents, 378 

powers and liabilities, 378 
compensation of, 378 

appointment of, recorded, 378 
penalties on agents, 381 

regulations as to sale, 380 
sales to be prosecuted, 374 
police officers to serve 

process, 379 

general agent appointed, 380 
to give bonds, 380 

notice of appoiijtment, 88Q 



5W 



INDEX. 



Page. 
Spirituous Liquors, penalty 

for adulterating liquor, 380 
credit of state not to be 
pledged, 380 

State Tax, proved by statutes, 

how collected, 139 

Statutes J how construed, 2,31 

Staves, culling of, 462 

StiKJcs, when and where taxed, 

91,92,96 
railroad and manufacturing 

exempted, 96 

in corporations, 91 

in trade, and what deem- 
ed, 91,96 
out of the State, how taxed,92 
where taxed, 96 
not to be twice taxed, 96 
sale of, to be recorded, 473 
Stockholders^ list of, to be filed 

with town-clerk, 472 

Straightening Highways, pro- 
ceedings relative to, 155 
Strays, what deemed, 448 

proceedings relative to, 445 
notice to be given, and 

form, 445 

to be appraised, form of 

application, 445 

appointment and oath of 

appraisers, form, 446 

appraisal, form, 447 

may be reclaimed, when, 447 
fees relating to, 448 

Stud Horses, how taxed, pro- 
ceedings, 100 
Suit against town for neglect 

to build pound, 436 

Summons in Police Cases, form, 397 
Sunday^ labor on, forbidden, 381 
Superintendent of special po- 
lice, how appointed, 372 
powers and duties of, 372 
Superintending School Commit- 
tee, election of, 255 
duty to examine teachers, 255 
power to dismiss teachers, 256 
to prescribe book, 256 
to make report to town, 256 
form of report, 265 
to secretary, 260 



Page. 
Superintending School Com- 
mittee to be paid, when, 260 
appointment of, 255,268,270 
to divide scholars, when, 257 
to furnish books to poor 

children, 259 

tenure of oflSce, 270 

powers of, 256 

to dismiss teacher, when, 256 
compensation of, 256 

for high schools, 270 

in Somersworth, powers 

and duties, 271 

to direct school books, 27 1 
penalty for not making 
return, 281 

Support of Paupers, see Pau- 
pers, 298 
Surplus Revenue, towns liable 

for, 140 

extents for, 140 

Surplus Capital of Banks, how 

taxed, 91 

where taxed, 95 

Surveyors of Highways, how 

chosen, 25 

powers and duties, 179 

liability of, 32 

how appointed, 1 79 

form of appointment, 179 
districts to be limited, 180 
form, 184 

selectmen can not release 

liability of, 32,47 

release of liability of must 

be by vote, 32,47 

warrant of, need not be 

under seal, 180 

districts, how limited, 180 
must include definite part 

of way, 180 

need not include resi- 
dences, 180 
not liable for gravel or 

other materials, 182 

to give notice, 180 

may distrain, &c., 180 

to render account, 181 

controlled by selectmen, 

179,181 



INDEX. 



511 



Page. 

Surveyors of Highways, form 

of order, 181 

to purchase timber, &c., 182 
powers to remove mate- 
rials, 182 
form of warrant, 185 
power to remove trees, 187 
duty as to leveling, &c., 187 
towns not liable for acts of, 1 92 
liability of, 193 

Surveyors of Lumber, choice of, 25 
powers and duties of, 461 
fees of, 464 

Swine^ by-laws regulating, 5 

T 

Taxation, settlement by, 289,293 

penalty for false deposit, 

to avoid, 104 

Taxes, when illegal, 146 

on lands in a single town, 

invalid, 7 

illegal, if five per cent. 

exceeded, 114 

if invoice, &c., not left 

with town-clerk, 115 

not illegal because of omis- 
sions, 115 
assessment of, 91 
persons and property lia- 
ble to, 91 
inhabitants liable to, 95 
who are deemed, 95 
real estate holden for, 124 
on stud horses, how se- 
cured, 100 
how assessed, 110 
manner of making, 117 
form of table, 118 
towns may exempt unim- 
proved land from, 111 
abated by selectmen, 120 
by court, 120 
collection of residents, 122 
of non-residents, see Non- 
residents ^ 129 
collector of, powers, &c., 

see Collector, 122 

liable for his own faults 

only, 142 

distress for, 123 



Page 
Taxes, discount from, when, 120 
notice of, form, 120 

State and county, how 

collected, 140 

minister, when laid, who 

exempt, 4 

highway, towns may raise, 179 
school, how assessed, 212,250 
on railroad corporations, 92 
railroad, how distributed, 93 
list must be signed by se- 
lectmen, 111,114 
» on loan fund associations, 107 
list of, not signed, collect- 
or can not arrest, 115 
abatement of, by selectmen,! 1 5 
abatement of, by court of 

common pleas, 115 

notice of, not in writing, 

when, 122 

abatement of, if watering 

trough maintained, 208 
how assessed by district 

in two towns, 219 

assessment of, on settle- 
ment of paupers, 294 
names stated in full, 145 
to equalize district prop- 
erty, 212 
on united districts, 220,223 
against insolvent estates 

preferred, 143 

legality can not be tried 

against collector, 146 

list, copy by deputy sec- 
retary, 130 
how voted and assessed, 8,9 
not authorized, when, 9 
town can not exempt land 

from, 94 

personal property liable to, 

where taxed, 98 

penalty for attempt to 

avoid, 104 

list of, must be signed, 111 
towns may raise, to pay ap- 
portionment for road, 173 
may vote to expend tax 

in winter, 179,194 

may expend taxes on pri- 
vate way, 181 



512 



INDEX. 



Page. 
Taxes, selectmen to assess 

high school, 270 

settlement of paupers, how 
aifected by, see Paupers, 

285,297 
to be assessed where the 
ward lives, 251 

Teachers, see School Teachers, 256 
institutes, money may be 

voted for, 283 

money voted, how appro- 
priated, 283 
Temporary Absence , what is 

deemed, 51,53 

does not affect residence, 51 
Tenants for Life, ^c, notified 

of new highways, 156 

may recover money paid, 
when, 353 

Tender, to redeem lands sold 

for taxes, 131 

notice of, to be given, 132 
form, 132 

Theatrical Exhibitions to be 

licensed, 393 

Throwing Stones, ^c, penalty, 363 

Timber, how taxed, 97 

appraised separate, when, 108 

growing, taken to be real 

estate, 134 

floating, regulated, 440 

survey of, 461 

where taxed, 97 

Time, how reckoned, 2 

of residence, day of meet- 
ing excluded, 50 
how reckoned on collect- 
ors' sales, 146 
in case of penalties, 395 
Toll Bridges, how taxed, 101 
Town, meaning of, in R. S., 1 
Towns, are bodies corporate, 

&c., 1,3,45 

parishes, with town privi- 
leges, are, 4 
powers to purchase and 

contract, 4 

may vote money, when, 4 
may raise minister taxes, 

when, 4 

may make by-laws as to 
their affairs, 5 



Page. 
Towns, as to horses, &c., 5 

as to dogs, 469 

as to fires, 359 

may annul by-laws, 5 

evidence of incorporation 
of, 6 

may be altered by legisla- 
ture, 6 

divided, property and bur- 
dens of, * 6 

can not pass real estate 
by vote, 7 

must deed by agent, 7 

power to tax wholly by 
statute, 7 

may contract for lawful 
purposes, by vote, 7,9 

may release debts, by vote, 7 

may remit penalty due the 
town, 7 

power to raise money lim- 
ited, 8 

may sell ministry or school 
lots, 8 

may dispose of income of 
them, 8 

new, no right to property 
of old, 8 

may remove meeting-house, 9 

may sell meeting-houses, 1 

removal of boundaries of, 
penalty, 42 

not liable for acts of high- 
way surveyor, 192 

not authorized to send, 
representatives not to 
be paid, 89 

liable for damages by de- 
fect in highway, 192 

have an interest in high- 
ways and bridges, 197 

may establish ferries, 208 

may alter bounds of school 
districts, 210 

not liable for paupers, 
when, 366 

to pay board of prison- 
ers at House of Refor- 
mation, 371 

may recover amount so 
paid, 371 



INDEX. 



513 



Pago. 
Towns may indemnify their 

officers, 9 

can not rescind contracts 
by vote, 9 

can not exempt land from 
taxes, 94 

may establish libraries, 10 

entitled to laws, journals 
and reports, 9,11 

how far bound by select- 
men, 32 

writs, how served on, 45 

liable to trustee process, 45 

to have thirty days' no- 
tice of suits, 45 

property taken on execu- 
tion, 46 

proceedings on execution, 
if no property, 46 

to receive proportion of 
railroad tax, 93 

may exempt land from 
taxes, when, 110 

liable to extent, when, 149 

remedy in case of extent, 150 

remedy of selectmen 
against, 150 

may discontinue high- 
ways, 176 

liable for not repairing 
highways, 190 

how notified of prosecu- 
tion, 191 

fines imposed on, 191 

liable for materials for 
highways, 1 82 

to keep bridges covered 
with snow, 204 

penalty for neglect, 204 

act to take effect, when, 204 

speed of railroad trains 
regulated, 207 

agents to collect and ex- 
pend fines, 191 

liable for damage to indi- 
viduals, 192 
remedy against surveyor, 192 
liability limited by statute, 

192,193 
at common law, 194 

for damage from snow, 194 



Page. 
Towns, how divided into 

school districts, 210 

not divided, how consid- 
ered, 211 

may vote additional school 
money, 250 

can not dispense with ex- 
amination of schools, 257 

alteration of, effect on set- 
tlements, 291 

bound by contracts as to 
paupers, 308 

may prosecute, in bastar- 
dy case, 327 

specially authorized to 
elect representatives, 75 

classed for election of rep- 
resentatives, 76 

may appoint agent under 
truant act, 275 

not divided into school 
districts, 221 

not entitled to earnings 
of children of paupers, 
when, 311 

to pay special police offi- 
cers, 372 

may raise tax to be ex- 
pended in winter, 194 

to pay militia, 460 

to receive arms, 459 

to deliver arms to milita- 
ry companies, 459 

to provide scales, weights 
and measures, 464 

limitation of suits against, 464 
Town Charges, what are, 8 

meaning of, 8 

does not include minister 
tax, 8 

Town Meeting, how warned, 12 

how governed, 21 

business of, inserted in 
warrant, 5 

form of warrant, 15 

selectmen to preside, 
when, 21 

justice to preside, when, 21 

moderator to preside, 21 

disorders, how restrained 
and punished, 23 



514 



INDEX. 



Pag©. 

Town Meeting, adjournment of, 23 

dissolution of, 23 

for state elections, 64 

for choice of members of 

congress, 66 

of electors, 69 

for choice of representa- 
tives, 74 
form of records of, 83 
warrant for, how posted 
up, 13 
Town-Clerk, choice and du- 
ties, 25 
vacancy, how filled, 27 
how to make records, 30 
how to amend records, 30 
what he can not record, 31 
punishable for false rec- 
ord, 31 
penalty for refusing cop- 
ies, 31 
fees of, 31 
to notify officers to take 

oaths, 35 

form of notice, 36 

to record oaths, 35,36 

to keep proprietary rec- 
ords, 43 
to make copies of records, 43 
penalty for refusing, 44 
to assist in counting bal- 
lots, &c., 59 
to record votes by ballot, 59 
to have statutes at meet- 
ing, 59 
to make certified copy of 

record of votes, 64,67,70 
to return copy to whom, 

and when, 64,67,70 

entitled to receipt, 64 

penalty for neglect, 

64,68,70,72 
to amend returns, 81 

penalty for refusal, 8 1 

to record collector's pro- 
ceedings, when, 131 
notice of tender, 132 
to preserve documents 

filed, 138 

to record invoice and as- 
sessments, 111 



Page. 

Town- Clerk, report on location 

of school house, 245 

return of school-house 

lot, 247 

to preside in meeting, 

when, 21 

penalty for neglect to re- 
turn votes, 65 
duties as to jurors, 451 
penalty for neglect, 455 
to record personal mort- 
gages, 471 
to file contracts for build- 
ing, 472 
to file copies of writs, 472 
to record facts respecting 
births, marriages and 
deaths, 476 
to make returns, 476 
certificate of marriage 

given to, 477 

town-clerk to be notified 
if returns of votes are 
not received, 64,67 

to record lists of stock- 
holders, 473 
to record transfers of 

stock, 473 

to record births, marriages 

and deaths, 474 

certificate of notice, form, 478 
to receipt for fees, 478 

to file sale of stock, 473 

fees for such duties. 473 

to keep index of attach- 
ments, 472 
to record births, mar- 
riages and deaths, 474 
fees for recording, 474 
to keep file of writs, 473 
to file list of stockholders 
of corporations, 473 
Town-Meeting, posting war- 
rant, when insufficient, 13 
Toivn Offices, when vacant, 26 
vacancies, how filled, 26 
no person compelled to 
serve in, two years, 33 
Town Officers, what and how 

chosen, 25 

term of office, 26 



INDEX. 



515 



Town Officers must be sworn, 

83,34,227 
elected to fill vacancies, 

powers of, 26 

appointed by selectmen 27 
when selectmen may ap- 
point, 27 
oaths of, 34 
form of oath, 34 
how notified to take, 34,35 
penalty for neglect to 

take, 34,35 

not protected by illegal 

votes, 32 

removing from town, out 

of office, 33 

liable for neglect of duty, 33 
penalty for assaulting, 61 
Town Agent, how chosen, 25 

Town. Treasurer^ how chosen, 25 
selectmen to act as, 25 

how appointed, 25,27 

bonds of, 27 

compensation of, 28 

Town Lines to be perambu- 
lated, 38 
court to settle, when, 39 
legislature may alter, 42 
notice of perambulation, 

to whom given, 39 

proceedings to establish, 39 
objections to perambula- 
tion, 39 
on rivers, 39 
on Merrimack river, 39 
on lakes and ponds, 39 
change of, effect on set- 
tlements, 291 
Trading with Town Paupers 

punished, 365 

Transient Tradesmen^ penalty 
for hiring shop for less 
than one year, 466 

license for, how granted, 467 
Treasurer of Town, how 

chosen, &c., 25,27 

Treasurers of Corporations to 

give account of shares, 105 

of corporate property, 105 

Treasurers of Savings Banks 

to notify assessors, 107 

penalty for neglect, 107 



Page. 
Treasurers of Loan Fund Asso- 
ciations to make return 
to assessors, 107 

penalty for neglect, 107 

Trust Estates^ where and how 

taxed, 99 

Truant Children, act relating 

to, 275 

punishment of, 276 

act takes effect, when, 277 
fined, may give bond, 276 
fine remitted, when, 276 

Turning to the Right on roads, 205 
penalty and liability for 
neglect, 206 

U 

Unincorporated Places ^ powers of, 5 
officers of, 6 

laws applicable to, 6 

lines of, to be perambu- 
lated, ^ 42 
rules of taxation as in 

towns, 146 

not entitled to literary 

fund, when, 252 

school agents in, 253 

not liable for support of 

paupers, 301 

clerk to record mortgages, 471 
if no clerk, mortgages, 

where recorded, 472 

personal property in, 

where taxed, 98 

United Districts, fQvti^csitQ in, 259 

districts taxes in, 220 



Vacancies in Town Offices, how 

created, 26 

how filled, 27 

filled by selectmen, 28 

Vacancy^ if collector's bond 

not filed, 147 

of clerk and prudential 
committee, how filled, 228 
Vaccination, agent for, powers 

and duties, 391 

Village police regulations ap- 
ply to compact part 
only, 365 



516 



INDEX. 



Page. 
Village Precincts, how estab- 
lished, 360 
meetings in, how held, 360,361 
how notified, 360 
voters in, 361 
act adopted, how, 362 
voters in, may adopt ch, 

143 of pamphlet laws, 361 
fire-wards in, how elected, 362 
powers and duties, 362 

engineers in, how elected, 361 
powers and duties, 361 

limits of, changed, how, 361 
Vote to raise money, when 

valid, 7 

to contract or release 

debt, valid, 7 

for support of poor, when 

valid, 143 

of money sufficient to 
build school-house, 
valid, 143 

" one day's work on poll," 

when invalid, 143 

for expenditures of year, 

invalid, 143 

to raise money on article, 

to appropriate, 146 

of school district to raise 

money, when legal, 248 
to adopt fire law, form, 356 
penalty for throwing more 

than, one, 60 

for receiving illegal, 61 

Votesj penalty for frauds re- 
lating to, ' 61 
when and how questioned, 22 
town-clerk to make return 

of, 64,67,70,72 

form of return of, 65,69,70,72 
neglect to return, how 

prosecuted, 81 

false return of, how pun- 
ished, 82 
return of, how amended, 30 
returns of, if not received, 
proceedings, 64,67 
See Ballots. 
blank returns of, to be 

diitributed, 82 

illegal, penalty for, 60 



Page. 
VoterSy who are, 23,49 

paupers not, who are 

paupers, 49 

aliens not, who are aliens, 50 
what residence required 

for, 50 

residence not lost by tem- 
porary absence, 50 
what is temporary absence,51 
" home," what constitutes, 51 
"dwelling-place," what 

constitutes, 51 

names must be on check- 
list, 57 
accidental omissions on 

check-list, 57 

to vote by ballot, how, 57 
spirits not to be given to, 60 
poll of, 22 

how many to apply for 

meeting, IS 

list of, see Check-List, 60 

not liable to arrest, 83 

at district meetings, 

who are, *► 49,226 

procuring to be absent, 

&c., penalty, 60 

moderator to take poll of, 22 
allowed toWote, if taxes 

are paid, 49 

if assistance is repaid to 

town, 49 

voting in town out of the 

State, disqualified, 50 

penalty for hiring or 

bribing, 60 

in village precincts, see 

Village Precincts^ 360 

naturalization papers of, 54 
proceedings in relation to, 

54,55 
Africans are, 55 

colored persons are, 55 

W 

Wages on Election, how pun- 
ished, 82 

Wards, property of, where 

taxed, 99 

Wards of Cities, selection of ' 
jurors in, 456 



INDEX. 



517 



Page. 
Ward Officers, penalty for as- 
saulting, 51 
Warning Out, laws relating to, 

repealed, 294 

Warrant for Town Meeting , 
business inserted in, 5 

issued by whom, 13 

requisites of, 13 

hov/ posted, 13 

when not posted in season, 13 
when posting not sufficient, 13 
towns may prescribe ser- 
vice, 13 
how to be returned, 13 
evidence of service, 13 
issued on petition, 14 
to constable, form, 15 
to voters, form, 1 7 
petition for, form, 18 
petition to justice, form, 18 
issued by justice, form, 19 
when not in season, 13 
when sufficient, 26 
must state objeot of meet- 
ing, 26 
for school meeting, how 
posted, 225 
Warrant for School Meeting, by 

prudential committee, 225 
by selectmen, 225 

to be returned, when, 226 
by committee, form, 230 

form of service, 231 

how recorded, 231 

form of record, &c., 232 

by selectmen, form, 234 

Warrant to Collector of Taxes^ 111 
form, 112 

copy to be left with jailer, 124 
certificate on, form, 127 

to collector, must be sign- 
ed, 114 
is good for collection of 

legal taxes, 147 

is bad for collection of il- 
legal taxes, 147 



Warrant in bastardy case, 

form, 321 

in police cases, 396 

Watchmen, appointment, pow- 
ers and duties, 375 
Water Power, not taxable dis- 
tinct from land, 94 
Watering Troughs established, 208 
Weighers of Beef , appointment, 

powers and duties, 455 

certificate of weight, form. 466 
penalty for illegal weigh- 
ing, 466 
fees, 466 
Weights and Measures, sealers 

of, 25,463 

selectmen to provide stand- 
ards, 463 
to be sealed, 463 
penalty for selling, with 

unsealed, 464 

one hundred pounds a 

hundred weight, 465 

limitations of suits for neg- 
lect to procure, 464 
Widening Highways, proceed- 
ings relative to, 155 
wife, settlement of, 286 
V/ild Cats, bounty on, 468 
Witnesses, inhabitants of town 

may be, 47 

in contested elections, ,., 88 
Wolves, bounty on, 468 

Writing in Pencil, not suffi- 
cient in public records, 30 
Wood, growing, taken to be 

real estate, 134 

appraised separately, 

when, 108 

how measured, measurers 

of, 461 

how taxed, 1C8 

Written, or in writing, mean- 
ing of, in K. S., 2 
Year, meaning of, in R. S., 2 



25 



